THE  UNIVERSITY 

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LIBRARY 

9778 

vi 
ccjp.2. 


ittnttsr. 

JUIHOIS  HISTORICAL  SURVEY 


'->     HH-4L. 


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PUBLICATIONS 

OF    THE 

MISSOURI  HISTORICAL  SOCIETY 

A   CONSOLIDATION   OF  THE 

Missouri  Historical  Society 

AND   THE 

Louisiana  Purchase  Historical  Association 


PUBLISHED   FROM   THE 

WILLIAM    KEENEY    BIXBY    FUND 


ST.   LOUIS,    MISSOURI 


THE  LIBRARY 

OF  THE 

ubwersity  of  iluhoi 


FREDERICK    BATES 


From  an  oil  painting,  the  properly  of  Lucia  Lee  Bales, 
home  of  Mrs.  Charles  W.  Bates,  5231  Waterman 


The  original  hangs  in  the 
Avenue,  St.  Louis. 


THE  LIFE  AND  PAPERS 

of 

FREDERICK  BATES 

*t 


EDITED    BY 

THOMAS    MAITLAND    MARSHALL,    PH.D. 

Secretary  of  the  Missouri  Historical  Society 

and 

Professor  of  History  in  Washington  University 


VOLUME  I 


MISSOURI    HISTORICAL    SOCIETY 
St.  Louis,  1926 


381 


Copyright,  1926 
MISSOURI  HISTORICAL  SOCIETY 


TO   MY   SONS 

WILLIS    WOODBURY    MARSHALL 

AND 

LEROY    MAITLAND    MARSHALL 


613 


PREFACE 


The  collection  known  as  the  Bates  papers  contains  nearly 
fifteen  hundred  manuscripts.  Most  of  the  papers  were  col- 
lected and  preserved  by  Miss  Lucia  Lee  Bates  of  Ironton, 
Missouri,  a  grand-daughter  of  Frederick  Bates,  and  by  her 
were  presented  to  the  Missouri  Historical  Society  with  the 
privilege  of  publication.  The  original  collection  has  been 
enriched  by  twenty-one  manuscripts  loaned  to  the  Society 
by  the  Daughters  of  the  War  of  1812,  by  several  photostats 
from  the  Burton  Collection,  and  by  about  one  hundred 
photostats  obtained  from  various  departmental  archives  in 
Washington,  D.  C. 

It  was  impossible  to  publish  all  of  the  Bates  papers ;  and 
even  if  the  resources  of  the  Society  had  made  this  possible, 
it  would  not  have  been  desirable  to  do  so.  Many  of  the 
letters  are  of  an  intimate  nature,  dealing  with  matters  of 
interest  to  the  family,  but  of  no  interest  to  the  public. 
Many  of  these,  especially  the  letters  of  Nancy  Bates  to 
Frederick,  are  charming  epistles,  and  would  be  choice  mate- 
rial for  the  biographer.  Frederick  Bates  wrote  many 
poems.  Some  of  these  are  amatory,  others  satirical,  and 
several  are  imitations  of  the  English  poetry  of  the  eight- 
eenth century.  They  no  doubt  served  their  purpose  in 
developing  his  art  of  writing,  but  as  poetry  they  do  not 
deserve  a  place  in  literature. 

The  editor  has  selected  for  publication  those  manuscripts 
which  throw  light  on  the  public  life  of  Frederick  Bates  and 

(vii) 


viii         The  Life  and  Papers  of  Frederick  Bates, 

on  the  history  of  the  period,  the  word  history  being  used 
in  a  large  sense  to  include  politics,  law,  social  and  economic 
conditions,  and  the  evolution  of  institutions.  It  is  the  belief 
of  the  editor  that  the  papers  will  be  of  especial  value  to 
those  who  are  interested  in  the  study  of  the  significance 
of  the  frontier  in  American  history.  For  the  territorial 
background  of  Missouri  history  the  papers  furnish  an  inti- 
mate picture  of  political  and  social  conditions.  In  the  light 
of  the  papers  Louisiana  Territory  takes  on  a  new  meaning. 
Men  and  events  must  be  reappraised  if  our  history  of  that 
early  day  is  to  approximate  the  truth.  Henceforth  Fred- 
erick Bates  should  loom  larger  on  the  pages  of  history. 

The  publication  of  these  volumes  was  made  possible  by 
the  generosity  of  Mr.  William  K.  Bixby,  the  President  of 
the  Missouri  Historical  Society,  who  has  given  to  the 
Society  a  fund  to  enable  it  to  make  available  for  scholars 
the  treasures  which  have  long  reposed  in  its  archives. 

In  the  preparation  of  these  volumes  I  am  especially 
indebted  to  Mrs.  Nettie  Beauregard,  the  archivist  of  the 
Society.  I  also  wish  to  express  my  sincere  appreciation  for 
the  assistance  rendered  me  by  Miss  Stella  Drumm,  the 
librarian  of  the  Society,  by  Professor  Eugene  C.  Barker 
of  the  University  of  Texas,  by  Dr.  Milo  M.  Quaife  of  the 
Burton  Collection  at  Detroit,  by  Dr.  J.  Franklin  Jameson 
of  the  Carnegie  Institution  at  Washington,  by  Dr.  N.  D. 
Mereness,  and  by  my  colleagues,  Dr.  Donald  McFayden 
and  Dr.  Ralph  P.  Bieber.  I  also  owe  much  to  the  careful 
work  of  transcription  which  was  done  by  my  assistant,  Miss 
Dorothy  Adele  Neuhoff. 

Thomas  Maitland  Marshall. 

St.  Louis,  December  17,  1925. 


CONTENTS 

VOLUME  I 

Introduction 

Page 

The  Life  of  Frederick  Bates 1 

Part  I 
The  Detroit  Period 41 

Part  II 
The  First  Acting-Governorship 89 

Part  III 
The  Regime  of  Governor  Lewis 305 

VOLUME  II 

Part  III — Continued 

The  Regime  of  Governor  Lewis 5 

Part  IV 
The  Second  Acting-Governorship 83 

Part  V 
The  Administration  of  Governor  Howard 159 

Part  VI 
Bates'  Last  Acting-Governorship 243 

Part  VII 
The  Bates  Papers,  July,  1813— December,  1820 259 

Part  VIII 
The  Later  Years 313 

Index  325 

(ix) 


The  Life  of  Frederick  Bates 


THE   LIFE   OF   FREDERICK   BATES 


The  Virginia  branch  of  the  Bates  family  traces  its 
ancestry  back  to  John  I.  Bates,  who,  according  to  tradition, 
was  of  Scotch-Irish  extraction.  He  was  born  in  1598.  The 
date  of  his  removal  to  Virginia  is  unknown,  but  in  1624  he 
was  one  of  the  company  of  Abraham  Piercey  at  Piercey's 
Hundreds.  He  died  in  1666,  being  survived  by  his  wife  and 
four  children.1 

Thomas  Fleming  Bates,  the  father  of  Frederick,  was  a 
great-great-grandson  of  John  I.  Bates.  He  was  born  in 
York  County,  Virginia,  on  November  1,  1741.  On  August 
8,  1771  he  married  Caroline  Matilda  Woodson,  the  daugh- 
ter of  Charles  Woodson  and  Agnes  Parsons.  Frederick's 
mother  was  born  in  Henrico  County  on  October  17,  1751. 
After  the  marriage  the  young  couple  lived  in  Henrico 
County  and  there  three  children  were  born  to  them :  Charles 
Fleming,  Sarah,  and  Tarleton.  About  1776  the  family 
moved  to  Goochland  County  where  a  home  called  Belmont 
was  established.  There  nine  children  were  born :  Frederick, 
Fleming,  Richard,  Susannah  W.,  Margaret  Maria,  James 
Woodson,  Anna  (Nancy),  Caroline  Matilda,  and  Edward.2 
Of  these  the  first  and  last  were  destined  to  become  famous. 

Of  his  father  Edward  Bates  wrote,  "Our  father  was 
bred  a  merchant,  but  was  driven  from  trade  and  pretty 
much  broken  up  by  the  War  of  the  Revolution.    He  was  a 

i  Onward  Bates,  Bates,  et  al.  of  Virginia  and  Missouri,  103,  109. 
2  Ibid.,  22,  73-74. 

(3) 


4  The  Life  and  Papers  of  Frederick  Bates. 

Quaker  until  he  forfeited  his  membership  in  the  'Society 
of  Friends'  by  bearing  arms  against  the  King  at  the  siege 
of  York.  Though  not  absolutely  poor,  he  was  not  able, 
in  those  hard  times,  (just  after  the  Eevolution)  to  give 
his  sons  collegiate  education."3 

That  the  father  was  unable  to  recover  from  the  losses 
sustained  during  the  Revolution  is  shown  by  the  following 
pathetic  letter  to  his  son : 

Belmont,  Virginia,  31st  October  1801. 
My  Dear  Frederick: 

Your  tender  and  affectionate  letter  of  the  12th  of  August 
came  to  hand  the  17th  Inst,  and  was  more  particularly 
pleasing  because  from  a  series  of  unpropitious  events,  ill 
health,  and  depression  of  spirits,  the  Condolence  of  a  dear 
absent  Son,  was  a  balm  to  my  inquietude.  My  land,  Slaves, 
Stock  &  furniture  have  been  sold  to  satisfy  my  old  british 
Creditors,  your  brother  Charles  became  the  purchaser  of 
the  land,  at  the  price  of  £1726.  also  of  5  of  the  Slaves.  — 
we  yet  retain  the  furniture,  three  Work  horses,  two  Yoke 
of  Oxen  &  five  Cows  &  Calves,  with  the  Hogs  &  Sheep,  — ■ 
should  benificient  Providence  smile  on  our  endeavors,  we 
shall  yet  be  able  to  keep  the  family  together. 

I  shall  be  Sixty  years  old  next  month,  and  unable  now  to 
labor,  but  am  anxious  to  obtain  some  employment  to  assist 
by  personal  Service  in  the  Support  of  a  hopeful  family  of 
little  Children.  You  see,  my  dear  Son,  the  Vicissitude  of 
human  fortune,  though  my  Paternal  inheritance  was 
small,  I  embarked  early  in  Mercantile  pursuits,  and  was 

s  Edward    Bates   to   C.    I.    Walker,    February   10,    1859,    in   Michigan 
Pioneer  and  Historical  Society,  Collections,  VIII,  563. 


Biography  of  Frederick  Bates.  5 

a  drudge  in  Active  life  about  ten  years,  when  our  revolu- 
tionary war  occasioned  an  interdiction  to  transatlantic 
Connections,  and  drove  me  hither,  as  I  then  thought,  worth 
upwards  of  £6000.  in  book  debts,  well  secured  by  bonds, 
Mortgages,  Bills  of  exchange  &  but  alas,  in  an  evil  hour, 
the  traitor  Arnold,  and  Philips,  deprived  me  of  all,  and 
left  a  large  british  debt  hanging  over  me;  you  were  an 
infant  Witness  to  the  Spoliations  I  suffered  by  Cornwallis, 
both  of  which  were  felt  severely,  but  animated  by  hopes  of 
independence,  life,  health  &  possession  of  a  friendly  Soil, 
unmolested  by  the  tyranny  of  Kings,  became  the  Watch 
word,  and  responsive  to  our  wishes.  It  pleased  heaven  to 
grant  us  independence,  at  the  price  of  ruin  &  devastation 
to  many ;  but  I  will  not  arraign  the  dispensations  of  provi- 
dence. I  have  a  numerous  family  to  enjoy  the  sweet  repose 
of  a  Virtuous  independence,  which  cannot  long  be  the  lot 
of,  My  Dear  Frederick, 

Y'r  ever  Affectionate  Father. 

Tho.  F.  Bates4 

The  years  1805  and  1806  brought  sadness  to  the  family. 
On  May  26, 1805  the  father  died  at  Belmont,  and  on  July  14 
Susannah,  who  had  recently  married  Thomas  H.  Walton, 
was  killed  by  lightning.5  A  third  sorrow  soon  came  to  the 
bereaved  family.  On  January  8,  1806  Tarleton  was  killed 
in  a  duel  near  Pittsburgh.  At  the  time  of  his  death  he  was 
a  promising  young  business  man  of  Pittsburgh  and  was 
prothonotary  of  Allegheny  County.6 

*  Unless  otherwise  stated,  the  letters  are  in  the  Bates  Collection  of 
the  Missouri  Historical  Society. 

s  Onward  Bates,  Bates,  et  al.  of  Virginia  and  Missouri,  73,  74. 
«  For  an  extended  account  of  the  duel,  see  ibid.,  59-61. 


6  The  Life  and  Papers  of  Frederick  Bates. 

Frederick  Bates  was  born  at  Belmont  on  June  23,  1777. ,7 
Edward,  his  youngest  brother,  states  that  the  older  sons 
were  well  taught  in  the  ' '  rudiments, ' '  and  were  disciplined 
to  study.8  We  know  nothing  of  the  school  that  he  attended, 
but  the  perusal  of  the  Bates  papers  discloses  convincing 
proof  that  he  learned  to  write  vigorous  English,  that  he 
possessed  a  considerable  knowledge  of  the  Latin  classics, 
and  that  he  was  versed  in  history  and  the  science  of  gov- 
ernment. 

The  misfortunes  of  his  father  made  a  college  education 
impossible  for  him.  Late  in  1794  or  early  in  1795  he  entered 
the  office  of  William  Miller,  the  clerk  of  the  Goochland 
County  Court,  where  he  would  have  the  opportunity  to 
begin  the  study  of  law.  He  lived  with  Miller  for  nearly 
three  years,  acting  as  assistant  and  deputy  clerk,  at  times 
being  given  entire  management  of  the  office.  He  impressed 
his  superior,  the  lawyers,  and  the  magistrates  with  his 
integrity,  sobriety,  diligence,  and  attention  to  business.9 
During  this  period  he  began  the  study  of  law.10  On  Feb- 
ruary 23,  1796  he  was  appointed  postmaster  at  Goochland 
Court  House,11  a  position  which  he  held  until  his  departure 
from  Virginia.12 

In  the  fall  of  1797  he  received  an  appointment  in  the 

7  Onward  Bates,  Bates,  et  al.  of  Virginia  and  Missouri,  23. 

s  Michigan  P.  and  H.  Society,  Collections,  VIII,  563-564. 

» Testimonial  of  William  Miller,  July  4,  1800;  testimonial  of  the 
gentlemen  of  the  bar  and  the  magistrates  of  Goochland  County  Court, 
November  18,  1800. 

io  Michigan  P.  and  H.  Society,  Collections,  VIII,  563-564. 

ii  Messages  and  Proclamations  of  the  Governors  of  the  State  of  Mis- 
souri (Buell  Leopard  and  Floyd  C.  Shoemaker,  eds.),  I,  71-72.  This  will 
be  referred  to  henceforth  as  Messages  and  Proclamations, 

12  Fleming  Bates  addressed  him  as  postmaster  in  a  letter  of  June  5, 
1797. 


Biography  of  Frederick  Bates.  7 

quartermaster's  department  of  the  Army  of  the  Northwest. 
He  started  for  Detroit  on  horseback.  In  a  letter  to  his 
father  he  described  the  journey  as  far  as  Presqu'  Isle. 
It  is  impossible  to  trace  his  exact  itinerary,  but  apparently 
he  headed  straight  north  to  Culpepper,  crossed  the  Blue 
Ridge  at  Chester's  Gap,  then  proceeded  down  the  Shen- 
andoah Valley  to  Winchester,  and  from  there  to  Pitts- 
burgh. From  that  point  he  apparently  followed  the  Alle- 
gheny for  some  distance,  and  then  crossed  the  open  country 
to  Fort  Presqu'  Isle.  From  that  point  his  route  is  uncer- 
tain, as  is  the  exact  date  of  his  arrival  at  Detroit.  The 
journey  was  made  without  serious  difficulty  and  only  one 
incident  connected  with  it  is  worth  recording.  The  evening 
after  he  left  Winchester  he  sought  lodging  at  "a  decent 
Log  House. ' '  The  venerable  landlord  thought  that  he  must 
be  a  runaway,  for  it  did  not  seem  reasonable  that  such  a 
stripling  could  have  business  so  far  from  home.  Bates 
finally  satisfied  his  wary  host  by  delivering  his  pistol, 
telling  him  a  straightforward  story,  and  producing  his  rec- 
ommendations.13 

Bates'  headquarters  were  at  Detroit,  but  he  was  fre- 
quently called  upon  to  make  extended  journeys.  One  of 
these  in  the  summer  of  1798  carried  him  to  Lexington, 
Kentucky,14  another  to  Michillimackinac  in  the  fall  of 
1799  ;15  and  a  third  to  Fort  Wayne  early  in  1800.16 

In  the  summer  of  1800  Bates  embarked  in  business  for 
himself  as  a  merchant.  He  had  made  friends  among  the 
officers  and  traders  at  Detroit.    Among  these  was  Matthew 

is  Frederick  Bates  to  Thomas  F.  Bates,  October  21,  1797. 
I*  Frederick  Bates  to  Tarleton  Bates,  July  6,  1798. 
15  Frederick  Bates  to  Richard  Bates,  April  20,  1799;    same  to  same, 
October  1,  1799. 

is  Same  to  same,  December  24,  1799. 


8  The  Life  and  Papers  of  Frederick  Bates. 

Ernest,  a  former  batallion  paymaster  of  the  army.17 
Ernest  helped  him  to  establish  his  credit  by  writing  in  his 
behalf  to  Lewis  Farquharson  and  Company,  merchants  of 
Schenectady.18  He  apparently  carried  on  a  considerable 
business19  until  June  11,  1805,  when  he  lost  practically  all 
of  his  property  in  the  conflagration  which  destroyed  De- 
troit.20 

Bates '  chief  interests  were  in  law  and  politics  rather  than 
in  business.  For  several  years  his  spare  time  had  been 
given  to  the  reading  of  law.21  Like  many  young  Virginians, 
he  had  been  fired  with  the  republicanism  of  Jefferson.22 
But  at  Detroit  most  of  his  associates  were  federalists  and 
for  a  time  he  leaned  to  that  party.23  His  federalism  was 
short-lived.  We  are  not  certain  of  the  cause  of  his  return 
to  JerTersonian  principles,  but  he  was  probably  influenced 
by  a  letter  from  his  brother  Richard,  which  charged  the 
federalists  with  deceit  and  bribery  in  the  Virginia  elec- 
tions.24 

On  October  14,  1802  Bates  was  appointed  deputy-post- 
master at  Detroit,  a  position  which  he  filled  until  August, 
1805.25     In  the  political  field  he  saw  his  opportunity.     On 

17  Francis  B.  Heitman,  Historical  Register  of  the  United  States  Army. 
I,  407. 

is  Matthew  Ernest  to  Lewis  Farquharson  and  Company,  June  20,  1800. 

19  B.  C.  Whiley  to  Frederick  Bates,  August  2,  1802 ;  James  Durand 
to  Bates,  July  12,  1803;  S.  Street  to  Bates,  August  13,  1803;  John  Forsyth 
to  Bates,  August  17,  1805. 

20  For  a  graphic  account  of  this  fire,  see  George  B.  Catlin,  The  Story 
of  Detroit,  115-119. 

2i  Thomas  F.  Bates  to  Frederick  Bates,  November  30,  1800. 

22  Richard  Bates  to  Frederick  Bates,  May  14,  1806. 

23  Frederick  Bates  to  Richard  Bates,  December  24,  1799. 

24  Letter  of  July  24,  1799. 

25  Messages  and  Proclamations,  I,  72.  A  letter  from  Gideon  Granger, 
the  postmaster  general,  to  Frederick  Bates,  July  1,  1803,  acknowledged 
receipt   of  his  account  for  the  quarter   ending  December   31,   1802.     He 


Biography  of  Frederick  Bates.  9 

September  26,  1803  he  wrote  to  his  brother,  Charles  Flem- 
ing Bates,  that  there  was  a  possibility  that  "our  corner  in 
the  Indiana  Territory  will  during  next  session  of  Congress 
be  laid  off  into  a  separate  territorial  Government.  I  am 
desirous  of  obtaining  the  office  of  Secretary.' '  He  asked 
his  brother  to  use  his  influence  with  some  member  of  con- 
gress to  help  him  to  obtain  the  appointment.  That  he  was 
safely  within  the  Jeffersonian  fold  he  made  plain  by 
observing,  ' '  As  for  my  Politics  —  you  all  know  that  I  am 
staunch. ' ' 

Michigan  Territory  was  not  created  until  1805,  but  the 
young  Virginian  did  not  have  to  wait  until  that  date  to 
receive  recognition.  In  the  fall  of  1804  he  was  appointed 
receiver  of  public  monies  at  Detroit.  The  appointment 
was  made  during  the  recess  of  the  senate,  but  was  soon  con- 
firmed.20 Before  the  end  of  the  year  he  was  also  appointed 
land  commissioner.27  The  creation  of  Michigan  Territory 
in  1805  opened  the  way  for  a  larger  career.  On  March  3 
he  was  appointed  an  associate  judge  of  the  new  territory. 
His  duties  as  a  judge  did  not  begin  until  July  1,  on  which 
date  the  act  creating  the  territory  became  effective.28  He 
was  also  authorized  to  continue  in  the  office  of  receiver  of 
public  monies,  and  to  complete  his  work  as  land  commis- 


was  addressed  by  the  Washington  authorities  as  postmaster  and  was 
evidently  in  full  charge  of  the  postoffice  at  Detroit.  He  was  succeeded  by 
George  Hoffman  who  was  appointed  July  29,  1805.  Gideon  Granger  to 
Hoffman,  July  29,  1805,  Burton  Collection  manuscript. 

26  Albert  Gallatin  to  Frederick  Bates,  October  13,  1804;  same  to  same, 
December  28,  1804. 

27  Bates'  oath  is  dated  December  3,  1804. 

28  Michigan  P.  and  H.  Society,  Collections,  III,  122;  James  Madison  to 
Frederick  Bates,  March  22,  1805. 

29  Gallatin  to  Bates,  July  6,  1805. 


10  The  Life  and  Papers  of  Frederick  Bates. 

In  the  latter  capacity  Bates  had  as  an  associate  George 
Hoffman,  the  register  of  the  land  office  at  Detroit.  They 
were  confronted  with  many  difficult  problems.  Hundreds 
of  grants  had  been  made  by  the  French  and  English  author- 
ities, many  of  which  were  conflicting.  The  commissioners 
observed,  "  There  are  many  interfering,  contending  claims, 
and  much  difficulty  will  be  experienced  in  ascertaining 
boundaries.  There  has  hitherto  been  no  general  survey  of 
the  country:  surveys  have  indeed  been  made,  but  they  are 
partial,  irregular,  and  perhaps,  in  many  instances,  inac- 
curate. In  the  event  of  a  confirmation,  a  very  minute 
inquiry  must  necessarily  precede  the  issuing  of  a  patent, 
in  order  justly  to  decide  the  conflicting  claims  of  private 
persons ;  otherwise,  the  consequences  will  be  endless  litiga- 
tion, and  almost  numberless  law-suits.' ' 

The  commissioners  proceeded  in  a  methodical  and  busi- 
nesslike manner  to  investigate  and  classify  the  claims.  On 
December  1,  1805  they  submitted  a  preliminary  report  in 
which  they  classified  the  claims  under  seven  heads : 

I.  Claims  founded  on  the  grants  of  Antoine  de  Lamothe 
Cadillac. 

II.  Claims  founded  on  the  grants  issued  by  the  gov- 
ernor and  intendant  of  New  France  and  Louisiana,  in  the 
years  1735  and  1737. 

III.  Claims  founded  on  similar  grants  by  the  governor 
and  intendant  between  the  years  1734  and  1754  for  which 
a  brevet  of  confirmation  was  never  obtained. 

IV.  Claims  founded  on  grants  of  Monsieur  de  Belestre 
and  other  French  commandants,  and  continuations  or  aug- 
mentations by  these  officers  of  grants  formerly  made  by  the 
governor  and  intendant. 


Biography  of  Frederick  Bates.  11 

V.  Claims  pretended  to  be  derived  from  the  British 
government. 

VI.  Indian  grants. 

VII.  Claims  founded  on  actual  settlements  and  improve- 
ments, without  other  pretended  title.30 

On  March  6,  1806  the  commissioners  made  a  report  on 
their  findings  and  confirmed  only  six  claims.31  The  work 
was  continued  the  following  year  by  a  commission  com- 
posed of  Stanley  Griswold,  Peter  Audrain,  and  James 
Abbott.32 

Of  more  importance  than  the  work  of  the  land  commis- 
sion were  the  problems  connected  with  the  organization  of 
the  newly  created  Michigan  Territory.  William  Hull,  a 
Revolutionary  War  general  from  Massachusetts,  was  made 
governor.  Of  him  Judge  Cooley  says,  "In  Michigan  he 
found  uncongenial  people  all  about  him,  and  it  soon 
appeared  that  he  was  somewhat  lacking  in  the  persistent 
self-assertion  necessary  to  make  the  rough  characters  of  a 
backwoods  settlement  recognize  and  accept  the  fact  that 
within  the  proper  limits  of  his  authority  he  proposed  to  be 
and  would  be  ruler  and  master. '  '33 

Jefferson  appointed  Augustus  Brevoort  Woodward  chief 
justice,  and  Samuel  Huntington  and  Frederick  Bates  asso- 
ciate judges.  Huntington  declined  to  accept  the  appoint- 
ment, and  the  third  judge,  John  Griffin,  was  not  appointed 
until  1806.  The  secretary  was  Stanley  Griswold.  The  chief 
justice  arrived  at  Detroit  on  June  29,  1805,  and  the  gov- 

30  Am.  State  Papers,  Public  Lands,  I,  247-250. 
si  Ibid.,  I,  283. 

32  Ibid.,  I,  283-291. 

33  Michigan,  a  History  of  Governments,  148. 


12  The  Life  and  Papers  of  Frederick  Bates. 

ernor  two  days  later.4  Woodward  was  a  forceful  but 
untactful  person ;  a  theorist  but  not  a  mere  dreamer ;  eccen- 
tric, fearless,  and  even  audacious.  He  was  frequently  in 
disagreement  with  the  governor  and  secretary,  but  usually 
dominated  the  situation/55  Griffin  was  a  Virginian.  He 
was  an  accomplished  gentleman,  but  lacking  in  originality 
and  force.  He  usually  followed  the  leadership  of  Wood- 
ward. "Griswold  was  an  able  man  but  a  red-hot  politician 
from  Connecticut,  who  had  left  the  pulpit  to  become  an 
editor,  and  who  was  only  comfortable  when  he  had  his  own 
way."  He  was  unable  to  work  in  harmony  with  the  gov- 
ernor and  was  suspected  of  carrying  on  an  intrigue  to 
supersede  the  chief  executive.36 

The  new  government  began  to  function  under  most  diffi- 
cult circumstances.  On  June  11, 1805  Detroit  was  consumed 
by  fire.  After  the  conflagration  many  of  the  inhabitants 
encamped  on  the  public  grounds  in  the  vicinity  and  the 
remainder  dispersed  among  the  neighboring  settlements. 
The  original  town  with  narrow  and  crooked  streets  had 
covered  only  a  few  acres,  and  the  adjacent  ground  was  a 
common.  The  people  realized  that  it  would  be  folly  to 
attempt  to  rebuild  the  town  as  it  was  before  the  fire,  but 
they  were  unable  to  agree  upon  a  plan  of  action. 

On  the  morning  of  July  1  Woodward  and  Bates  "pre- 
vailed on  them  to  defer  their  intentions  for  a  short  time, 
giving  them  assurances  that  the  Governor  of  the  territory 
would  arrive  shortly,  and  that  every  arrangement  in  the 
power  of  their  domestic  Government  would  be  made  for 

s*  James  V.  Campbell,  Outlines  of  the  Political  History  of  Michigan. 
237-239. 

35  C.  M.  Burton,  "August  Brevoort  Woodward,"  in  Michigan  P.  and 
H.  Society,  Collections,  XXIX,  638-664. 

ss  Campbell,  Outlines  of  the  Political  Histortj  of  Michigan,  237-238. 


Biography  of  Frederick  Bates.  13 

their  relief.  On  these  representations,  they  consented  to 
defer  their  measures  for  one  fortnight.  In  the  evening 
of  the  same  day  the  Governor  arrived.  .  .  .  The 
situation  of  the  distressed  inhabitants  then  occupied  the 
attention  of  the  members  of  the  Government  for  two  or 
three  days.  The  result  of  these  discussions  was,  to  proceed 
to  lay  out  a  new  town,  embracing  the  whole  of  the  old  town 
and  the  public  lands  adjacent;  to  state  to  the  people  that 
nothing  in  the  nature  of  a  title  could  be  given  under  any 
authorities  then  possessed  by  the  Government;  and  that 
they  could  not  be  justified  in  holding  out  any  charitable 
donations  whatever,  as  a  compensation  for  their  sufferings, 
but  that  every  personal  exertion  would  be  used  to  obtain 
a  confirmation  of  the  arrangements  about  to  be  made,  and 
to  obtain  the  liberal  attention  of  the  Government  of  the 
United  States  to  their  distress."37 

The  governor  and  judges  planned  the  new  city  with  an 
eye  to  the  future,  adopting  as  their  model  the  plan  of  the 
city  of  Washington.38  Lots  were  disposed  of  to  meet  the 
immediate  need,  and  the  final  arrangement  was  left  until 
congress  could  act.  The  governor  and  chief  justice  event- 
ually took  the  long  journey  to  the  national  capital  to 
impress  their  views  upon  congress,  and  succeeded  in 
obtaining  the  passage  of  an  act  which  made  the  governor 
and  judges  a  land  board  with  authority  to  lay  out  a  town. 
Every  person  over  seventeen  years  of  age,  who,  at  the 
time  of  the  fire,  had  resided  in  the  old  town,  was  to  receive 
a  lot,39 

37  Am.  State  Payers,  Public  Lands,  I,  229. 

ssCatlin,    The    Story    of  Detroit,    122-123.      Tradition    has    given    the 
credit  for  the  adoption  of  the  plan  to  Judge  Woodward. 
39  Cooley,  Michigan,  a  History  of  Governments,  153. 


14  The  Life  and  Papers  of  Frederick  Bates. 

During  the  first  three  months  of  the  life  of  the  territory, 
a  code  of  laws  was  prepared  which  appears  to  have 
answered  the  needs  of  the  frontier  communities.  The 
courts  were  organized  and  their  jurisdictions  defined. 
Petty  cases  were  left  to  the  justices  of  the  peace.  The 
supreme  court  was  vested  with  original  jurisdiction  in 
land  cases  and  in  cases  involving  criminals  accused  of 
capital  crimes,  and  with  concurrent  jurisdiction  over  civil 
cases  involving  two  hundred  dollars  or  more.  The  supreme 
court  also  acted  as  a  court  of  appeals.  The  territory  was 
divided  into  judicial  districts:  the  Erie  District  which 
included  the  Eiver  Eaisin  country,  the  Detroit  and  Huron 
Districts  which  for  the  time  being  were  consolidated,  and 
the  Mackinaw  District.40 

Judge  Bates  presided  over  the  Detroit  district  court  on 
August  19,  1805. 41  To  equip  himself  more  thoroughly  for 
his  duties  as  judge,  he  purchased  from  a  firm  in  Albany 
a  set  of  Blackstone  at  a  cost  of  £9  and  9  shillings.  He  was 
in  such  financial  straits  at  the  time  that  it  was  sevpral 
months  before  he  could  pay  the  bill.42 

On  May  5,  1806  Bates  presided  over  the  district  court  of 
Detroit  and  Huron,43  and  over  the  Erie  district  court  on 
May  19.44  Late  in  June  he  acted  in  similar  capacity  at 
Michillimackinac.45  His  statements  to  the  grand  juries 
were  prepared  with  great  care,  but  it  seems  probable  that 

40  Campbell,  Outlines  of  the  Political  History  of  Michigan,  240-241. 
4i  Bates'  charge  to  the  grand  jury  of  that  date. 

42  Bill  of  Robison  and  Martin,  August  29,  1805;  acknowledgment  of 
payment,  February  12,  1806. 

43  Bates'  charge  to  the  grand  jury  of  that  date. 

44  Charge  to  the  grand  jury  at  River  Raisin. 

45  Charge  to  the  grand  jury  at  Michillimackinac.  It  must  have  been 
late  in  June,  for  Bates  was  in  Detroit  at  the  time  of  Hull's  arrival  on 
June  6. 


Biography  of  Frederick  Bates.  15 

the  finely  phrased  addresses  must  have  seemed  rather  high 
flown,  and  were  in  part  perhaps  incomprehensible  to  the 
frontiersmen  who  listened  to  the  dignified  Virginian  on 
the  bench. 

Governor  Hull  was  absent  from  the  territory  during  the 
winter  of  1805  and  1806,  and  did  not  return  to  Detroit  until 
June,  1806.  He  found  the  inhabitants  in  a  state  of  alarm 
over  threatened  Indian  hostilities.  Secretary  Griswold, 
during  the  governor's  absence,  had  called  out  the  militia 
and  had  ordered  the  building  of  a  stockade  for  the  defense 
of  Detroit.  The  militia,  having  been  under  arms  for  some 
time,  desired  to  be  dismissed  to  attend  to  home  duties. 
The  governor  called  into  consultation  a  number  of  officers 
of  the  government.  They  recommended  that  the  militia 
be  dismissed  and  that  a  contract  be  made  to  complete  the 
defenses.  The  recommendation  was  adopted,  but  as  Bates 
was  the  only  judge  then  present  in  the  territory,  no  appro- 
priation could  be  made  to  cover  the  expense.  With  the 
advice  and  consent  of  Bates,  the  governor  gave  an  order 
on  the  marshal  to  advance  the  funds,  but  the  governor 
insisted  upon  being  personally  accountable  for  the  sum. 
After  Bates  left  the  territory  Hull  appealed  to  him  to  use 
his  influence  in  Washington  to  get  him  reimbursed  for  the 
expenditure.  In  this  Bates  was  apparently  successful,  for 
Hull  received  payment  from  the  government.46 

Early  in  1806  a  group  of  Boston  capitalists  petitioned 
the  governor  and  judges  to  incorporate  a  bank  at  Detroit. 
Before  the  charter  was  granted  a  cashier  was  appointed 
and  a  building  constructed.     The  charter  was  granted  in 

46  John  Griffin  to  A.  B.  Woodward,  December  23,  1808,  in  Michigan  P. 
and  H.  Society,  Collections,  III,  471-472;  William  Hull  to  Bates,  Decem- 
ber 17,  1806. 


16  The  Life  and  Papers  of  Frederick  Bates. 

September  by  Hull,  Woodward,  and  Bates.  Chief  Justice 
Woodward  accepted  the  presidency  of  the  bank,  an  indis- 
cretion that  caused  him  to  be  threatened  with  impeachment. 
The  act  creating  the  bank  was  disapproved  by  congress  in 
March,  1807 ;  at  that  time  the  governor  and  chief  justice 
were  subjected  to  much  criticism,47  but  apparently  Bates 
escaped  the  unfriendly  attacks. 

In  one  particular  he  did  not  escape  public  condemnation 
in  Detroit.  As  a  member  of  the  land  board  for  the  appor- 
tionment of  lots,  it  is  not  surprising  that  his  decisions,  even 
though  based  upon  principles  of  justice,  did  not  always 
meet  with  the  approval  of  the  people.  Of  this  work  Judge 
Woodward  reported  to  the  secretary  of  state  as  follows: 
"We  gave  great  dissatisfaction  in  the  distribution  of  dona- 
tions. Mr.  Bates  and  myself  were  clearly  of  the  opinion 
that  the  donations  should  not  be  suffered  to  run  foul  of  the 
adjustments  of  the  ancient  titles.  The  governor  gave  way 
to  the  popular  storm.  As  their  wish  was,  however,  imprac- 
ticable in  its  own  nature,  not  from  the  mere  reluctance  of 
those  who  were  to  make  the  distribution,  we  have  been  con- 
stantly obliged  painfully  to  tread  back  upon  our  steps,  and 
none  of  us  have  given  satisfaction  to  the  people.  Perhaps 
none  could  have  done  it  under  the  jealousies  and  dissen- 
tions  prevailing  among  them."48 

From  the  Bates  papers  may  be  gleaned  occasional 
glimpses  of  the  private  life  of  Frederick  Bates  while  in 
Detroit,  but  not  enough  to  make  a  complete  picture.  That 
he  did  not  hold  entirely  aloof  from  the  company  of  the  fair 

47  Campbell,   Outlines   of  the  Political  History   of  Michigan,   245-246; 
Michigan  P.  and  H.  Society,  Collections,  XXIX,  644. 

48  A.  B.  Woodward  to  James  Madison,  July  18,  1807,  Michigan  P.  and 
H.  Society,  Collections,  XII,  507. 


Biography  of  Frederick  Bates.  17 

sex  is  shown  by  occasional  statements  in  his  private  letters. 
In  a  letter  to  his  sister  Sally  he  jokingly  said  that  he  was 
'making  little  progress  among  the  French  girls  of  Detroit 
who  looked  upon  Americans  as  "a  rough  unpolished,  brutal 
set  of  people."  But  he  apparently  enjoyed  the  society  of 
the  Misses  Grant,  the  daughters  of  the  commodore  of  the 
British  Squadron  on  the  upper  Lakes.  That  he  had  entre 
to  the  Grant  home  shows  that  his  social  position  was 
secure.49  Bates  was  also  on  friendly  terms  with  the  Hull 
family  and  a  deep  friendship  grew  up  between  Ann  Hull, 
the  governor's  attractive  daughter,  and  the  young  Vir- 
ginian.50 But  apparently  it  did  not  ripen  into  love,  for 
about  a  year  after  Bates  left  Michigan  Territory,  Miss  Hull 
married  an  army  officer.51 

While  at  Detroit  Bates  joined  the  Yorkist  Rite  Masons," - 
and  for  many  years  he  took  an  active  interest  in  Masonry. 
His  heavy  official  duties  apparently  kept  him  from  the  prac- 
tice of  law,  but  he  acted  as  counsel  for  Christian  Clemens, 
a  captain  of  militia  who  was  tried  by  court  martial  at  De- 
troit in  the  summer  of  1806. 53 

In  November  of  that  year,  Bates  left  Detroit  and  went 
to  Washington  via  Pittsburgh,'4  the  purpose  of  his  journey 

49  Frederick  Bates  to  Sally  Bates,  May  5,  1799. 

so  Anthony  Ernest  to  Frederick  Bates,  December  1,  1808. 

si  Anthony  Ernest  to  Frederick  Bates,  June  24,  1808.  Aim  Binney 
Hull  was  born  June  19,  1797.  She  married  Captain  H.  H.  Hickman  of 
the  United  States  Army.  She  died  December  25,  1847.  I  am  indebted  to 
Milo  M.  Quaife  for  this  information. 

52  Statement  of  the  Master  Wardens  and  Secretary  of  Zion  Lodge 
No.  10,  Ancient  York  Masons,  Grand  Lodge  of  Lower  Canada. 

53  Statement  of  the  defense  of  Christian  Clemens  drawn  by  Frederick 
Bates. 

54  Frederick  Bates  to  A.  B.  Woodward,  December  3,  1806,  Michigan 
P.  and  H.  Society,  Collections,  VIII,  557-558. 


18  The  Life  and  Papers  of  Frederick  Bates. 

being  to  make  a  report  of  the  land  board.  While  in  Wash- 
ington, early  in  1807  he  was  appointed  secretary  of  Louis- 
iana Territory,  member  of  the  board  of  land  commissioners 
for  the  territory,  and  recorder  of  land  titles.  Jefferson  was 
looking  for  a  tried  administrator  for  the  important  secre- 
taryship in  the  vast  region  embraced  in  the  territory. 
Meriwether  Lewis  was  slated  for  the  governorship,  but  the 
appointment  was  a  reward  for  his  work  of  exploration 
rather  than  for  his  civil  and  political  qualifications.  Bates 
expressed  a  feeling  of  delicacy  about  displacing  the  former 
secretary,  Dr.  Joseph  Browne,  but  was  informed  that 
Browne  was  a  brother-in-law  of  Aaron  Burr,  that  he  was 
considered  an  unsafe  man,  and  that  his  removal  was  inevit- 
able. Bates  was  told  that  the  administration  felt  that  it 
was  necessary  to  have  an  official  in  Louisiana  who  was 
above  all  suspicion  of  bias.  With  the  full  confidence  of  the 
authorities  at  Washington,  Frederick  Bates  entered  upon 
his  duties  at  St.  Louis.55 

When  he  arrived  at  his  new  post  on  April  1,  1807,56  he 
was  confronted  by  a  most  difficult  situation.  To  make  his 
position  plain  and  to  give  a  proper  setting  for  the  letters 
and  other  papers,  a  brief  resume  of  the  events  of  three 
troubled  years  seems  necessary. 

On  October  31,  1803  congress  passed  a  resolution  which 
vested  all  military,  civil,  and  judicial  powers  in  the  vast 

55  Edward  Bates  to  C.  I.  Walker,  February  10,  1859,  Michigan  P.  and 
H.  Society,  Collections,  VIII,  563-564.  I  have  been  unable  to  ascertain 
the  exact  date  of  Bates'  appointment  as  secretary.  His  commission  as 
recorder  of  land  titles  was  dated  February  4,  1807.  Lewis  was  appointed 
governor  on  March  3,  1807. 

56  Bates  to  Meriwether  Lewis,  April  5,  1807.  For  the  period  from 
1807  to  1812  inclusive  I  am  deeply  indebted  to  Miss  Georganne  Tracy, 
"Frederick  Bates  and  his  Administration  of  Louisiana  Territory,"  Wash- 
ington University,  M.  A.  Thesis,  1925. 


Biography  of  Frederick  Bates.  19 

but  indefinite  domain  acquired  from  France  in  such  persons 
and  with  such  powers  as  the  President  might  designate.  In 
fulfillment  of  the  resolution  Jefferson  appointed  Claiborne 
governor  with  the  powers  previously  held  by  the  Spanish 
governor-general  and  the  intendant  of  Louisiana.57  On 
December  20,  1803  Louisiana  was  formally  delivered  to  the 
United  States. 

In  regard  to  Upper  Louisiana,  before  the  transfer  Jef- 
ferson wrote,  "My  idea  [is]  that  upper  Louisiana  should 
be  continued  under  its  present  form  of  government,  only 
making  it  subordinate  to  the  national  government  and  inde- 
pendent of  lower  Louisiana."58  But  eight  months  after  the 
signing  of  the  treaty  with  France,  the  Spanish  flag  was  still 
flying  at  St.  Louis.  In  January,  1804  instructions  were 
sent  to  Captain  Amos  Stoddard  to  act  as  commissioner  for 
the  French  government  to  receive  the  territory,  and  to 
represent  the  United  States  as  agent  to  take  over  Upper 
Louisiana  and  to  exercise  therein  all  the  functions  of  the 
Spanish  commandants.59  On  March  8,  1804  the  American 
troops  under  command  of  Lieutenant  Stephen  Worrell, 
accompanied  by  Captain  Meriwether  Lewis,  who  was  pre- 
paring for  his  western  exploring  expedition,  were  brought 
across  the  Mississippi  River  and  marched  to  the  Govern- 
ment House  where  Stoddard,  acting  in  his  dual  capacity, 
was  received  by  Lieutenant-Governor  Delassus.  After 
brief  ceremonies,  the  transfers  were  made.60 

^  Annals  of  Congress,  8  Cong.,  1  Sess.,  488-489,  497-498;  ibid.,  8  Cong., 
2  Sess.,  Appendix,  1232-1233. 

ss  Jefferson  to  Gallatin,  November  9,  1803,  Jefferson,  Writings  (Ford, 
ed.),  X,  46. 

59  Louis  Houck,  History  of  Missouri,  II,  357-358. 

go  Ibid.,  II,  359-363.  Frederick  L.  Paxson  (History  of  the  A  mericun 
Frontier,  1763-1893,  p.  134)  states  erroneously  that  the  transfer  was  made 
to  Lewis. 


20  The  Life  and  Papers  of  Frederick  Bates. 

During  the  Spanish  regime  Upper  Louisiana  was  under 
a  lieutenant-governor  who  was  subject  to  the  authority  of 
the  governor  at  New  Orleans.61  The  province  was  divided 
into  five  administrative  districts,  St.  Charles,  St.  Louis,  Ste. 
Genevieve,  Cape  Girardeau,  and  New  Madrid,  each  having 
a  frontage  on  the  Mississippi  River  and  extending  indefi- 
nitely into  the  interior.  At  the  time  of  the  transfer  Stod- 
dard estimated  the  population  at  10,340,  of  whom  three- 
fifths  were  "  English- Americans, "  and  1320  were  slaves. 
The  investigations  of  Professor  Viles  show  that  he  was 
not  far  from  the  mark.62  The  St.  Charles  District  was 
mainly  French,  but  a  few  Americans  were  living  along  the 
Cuivre  River,  the  Dardenne,  and  the  creek  bottoms  near  the 
Mississippi  and  the  lower  Missouri.  The  St.  Louis  District 
had  received  a  considerable  infiltration  of  Americans  who 
had  settled  on  the  Meramec  and  along  the  creek  bottoms 
near  the  great  rivers.  The  town  of  St.  Louis  was  mainly 
French.  The  Ste.  Genevieve  District  contained  vast  de- 
posits of  lead,  and  here  Americans  had  come  in  large  num- 
bers, among  them  being  Moses  Austin.  In  the  Cape  Girar- 
deau and  New  Madrid  districts,  Americans  were  in  a  ma- 
jority. But  at  best  the  population  was  meager  and  widely 
scattered,  and  its  heterogeneous  nature  complicated  the 
problems  of  American  officials.63 

Stoddard  reappointed  the  Spanish  commandants  of  the 

<n  After  the  establishment  of  the  office  of  intendant  at  New  Orleans, 
that  official  exercised  some  vague  authority  over  the  lieutenant-governor 
in  the  matter  of  land  grants,  but  the  intendant's  power  was  never  great 
in  Upper  Louisiana. 

«2Amos  Stoddard,  Sketches  of  Louisiana,  226.  For  a  careful  study 
of  the  subject,  see  Jonas  Viles,  "Population  and  Extent  of  Settlement  in 
Missouri  before  1804,"  in  Missouri  Historical  Review,  V,  189-213. 

«3  For  a  convenient  summary  of  the  population  distribution,  see  Car- 
dinal Goodwin,  The  Trans-Mississippi  West,  1803-1S53.  pp.  74-79. 


Biography  of  Frederick  Bates.  21 

several  districts  as  civil  but  not  as  military  commandants, 
and  the  officers  of  the  various  posts  were  retained.  He 
organized  the  militia.  He  did  not  interfere  in  the  conduct 
of  the  civil  affairs  of  the  country,  his  object  being  to  con- 
ciliate the  old  inhabitants,  most  of  whom  were  strenuously 
opposed  to  the  change  of  government.64  In  a  proclamation 
issued  on  March  10,  1804  he  stated  that  all  public  records, 
especially  those  relating  to  land  claims,  must  be  surren- 
dered to  the  United  States  for  safe  keeping,  and  that  on 
or  before  May  15  all  original  grants  from  the  crown  or  from 
those  authorized  by  the  crown  to  make  grants  must  be 
recorded  in  the  proper  offices,  and  that  all  original  petitions 
and  the  orders  for  surveys,  whether  the  land  had  been  peti- 
tioned for  or  not,  must  be  filed  in  the  office  of  the  district 
commandant  in  which  the  land  was  situated.65  This  appar- 
ently harmless  order  was  a  veritable  Pandora 's  box,  for  the 
country  was  plastered  with  French  and  Spanish  land 
grants,  many  of  which  were  fraudulent,  or  conflicting. 

After  a  protracted  debate,  congress  on  March  26,  1804 
passed  the  Louisiana  Government  Act  by  which  the  terri- 
tory purchased  from  France  was  divided,  the  southern  por- 
tion being  called  the  Territory  of  Orleans,  while  the  region 
north  of  the  thirty-third  parallel  was  to  be  known  as  the 
District  of  Louisiana  and  for  governmental  purposes  was 
to  be  attached  to  Indiana  Territory.66 

Under  the  provisions  of  this  act,  the  executive  power  of 
William  Henry  Harrison,  Governor  of  Indiana  Territory, 

64  Houck,  History  of  Missouri,  II,  372;  Frederick  L.  Billon,  Annals 
of  St.  Louis,  1764-1804,  p.  364. 

es  Houck,  History  of  Missouri,  II,  374. 

66  Everett  S.  Brown,  Constitutional  History  of  the  Louisiana  Purchase, 
102. 


22  The  Life  and  Papers  of  Frederick  Bates. 

was  extended  over  the  District  of  Louisiana,  and  the  gov- 
ernor and  three  judges  were  empowered  to  enact  needful 
laws  for  the  District.  The  judges  were  to  hold  two  terms 
of  court  annually  within  the  District.  Land  grants  made 
after  the  Treaty  of  San  Ildefonso  were  declared  void,  with 
the  exception  that  grants  to  actual  settlers  made  according 
to  the  laws  of  Spain  were  not  to  be  void  if  the  grant  had 
been  actually  settled  prior  to  December  20,  1803  and  did 
not  exceed  one  square  mile.67 

Governor  Harrison  and  the  three  judges  met  at  Vincennes 
where  they  drew  up  a  series  of  laws  for  the  District.  The 
old  Spanish  local  divisions  were  retained,  but  with  more 
carefully  defined  boundaries.  For  each  local  district  a 
commandant  was  provided,  district  courts  of  common  pleas 
and  quarter  sessions  were  established,  and  offices  of 
recorder  and  sheriff  created.6S 

A  simple  code  embracing  laws  for  the  punishment  of  cer- 
tain crimes,  establishment  of  minor  courts,  concerning 
slaves,  rates  and  levies,  militia,  and  such  other  subjects  as 
called  for  immediate  attention  was  drawn  up.09 

On  October  1,  1804  the  governor  and  judges  arrived  in 
St.  Louis,  and  immediately  appointed  commandants  for  the 
five  districts :  Samuel  Hammond  for  St.  Louis,  Seth  Hunt 
for  Ste.  Genevieve,  Return  J.  Meigs  for  St.  Charles,  Thomas 
B.  Scott  for  Cape  Girardeau,  and  Pierre  Antoine  La  Forge 
for  New  Madrid.  Courts  of  common  pleas  and  quarter  ses- 
sions were  also  established  in  the  various  districts.70 

67  U.  S.,  Statutes  at  Large,  II,  283-288. 
es  Houck,  History  of  Missouri,  II,  378-379. 

69  Laws  of  the  District  of  Louisiana,  Territory  of  Louisiana,  Territory 
of  Missouri,  and  of  the  State  of  Missouri  up  to  the  Year  182.'h  I,  15-65. 
This  will  be  cited  henceforth  as  Mo.  Territorial  Laws. 

70  Houck,  History  of  Missouri,  II,  382-385. 


Biography  of  Frederick  Bates.  23 

The  attachment  of  the  District  of  Louisiana  to  Indiana 
Territory  did  not  please  the  people  and  in  September,  1804 
a  convention  met  at  St.  Louis  for  the  purpose  of  drawing 
up  a  petition  asking  for  a  separate  territorial  government.71 
The  protest  had  the  desired  effect,  for  by  an  act  approved 
March  26,  1805  the  District  of  Louisiana  was  separated 
from  the  jurisdiction  of  Indiana  Territory  and  the  Terri- 
tory of  Louisiana  was  created.72  The  territory  embraced 
all  of  the  Louisiana  Purchase  north  of  the  thirty-third 
parallel.  On  the  north  and  west  the  boundaries  were  indefi- 
nite.73 The  form  of  government  was  that  of  a  territory  of 
the  lowest  grade.  The  executive  power  was  vested  in  the 
governor  who  was  appointed  by  the  President  and  was  to 
hold  office  for  three  years.  He  was  to  be  commander-in- 
chief  of  the  militia,  and  superintendent  ex-officio  of  Indian 
affairs.  He  was  to  appoint  and  commission  militia  officers 
below  the  rank  of  general  officers,  could  grant  pardons  and 
reprieves  subject  to  the  approval  of  the  President,  could 
divide  the  territory  into  districts  where  the  Indian  titles 
had  been  extinguished,  and  could  appoint  magistrates  for 
civil  and  military  purposes. 

The  act  provided  that  i '  There  shall  be  a  secretary  whose 
commission  shall  continue  in  force  for  four  years,  unless 
sooner  revoked  by  the  President  of  the  United  States,  who 
shall  reside  in  the  said  territory,  and  whose  duty  it  shall 
be,  under  the  direction  of  the  governor,  to  record  and  pre- 
serve all  the  papers  and  proceedings  of  the  executive,  and 
all  the  acts  of  the  governor  and  of  the  legislative  body,  and 

ii  Ibid.,  II,  388-391. 
?a  U.  S.,  Statutes  at  Large,  II,  331. 

73  Thomas   M.   Marshall,   History   of   the   Western   Boundary   of   the 
Louisiana  Purchase,  9-14. 


24  The  Life  and  Papers  of  Frederick  Bates. 

transmit  authentic  copies  of  the  same  every  six  months,  to 
the  President  of  the  United  States.  In  case  of  a  vacancy 
of  the  office  of  governor,  the  government  of  the  said  terri- 
tory shall  be  exercised  by  the  secretary." 

The  legislative  power  was  vested  in  the  governor  and 
the  three  territorial  judges,  or  a  majority  of  them.  The 
judges  were  to  hold  office  for  four  years  and  in  addition  to 
their  legislative  duties  were  to  hold  two  courts  annually 
within  the  territory.74 

Under  this  form  of  government,  during  the  absence  of 
the  governor  the  secretary  became  a  very  important 
official.  Vested  with  the  powers  of  a  territorial  governor 
in  addition  to  those  of  the  secretary,  if  he  were  a  forceful 
person  and  had  the  confidence  of  the  federal  authorities, 
he  was  in  a  position  to  exercise  practically  autocratic 
powers.  During  the  winter  he  might  be  out  of  touch  with 
Washington  for  many  weeks  at  a  time.  The  difficulty  of 
communication  and  the  long  distance  from  the  seat  of  the 
national  government  increased  the  power  of  the  frontier 
executive,  who,  free  from  dictation,  had  for  long  periods 
a  free  hand  in  the  exercise  of  vast  powers. 

Jefferson  appointed  General  James  Wilkinson  governor 
of  the  newly  created  territory.  Wilkinson  was  a  Revolu- 
tionary War  veteran.  After  the  War  he  became  identified 
with  the  politics  of  Kentucky  where  his  course  was  one  of 
double-dealing,  and  intrigue  with  the  Spaniards.  After 
the  death  of  General  Wayne  he  became  the  ranking  officer 
in  the  Army.  He  was  associated  with  Claiborne  as  commis- 
sioner to  receive  Louisiana  from  the  French.  Little  did 
Jefferson  suspect  that  he  was  appointing  to  the  important 

74  U.  S.,  Statutes  at  Large,  II,  331-332. 


Biography  of  Frederick  Bates.  25 

office  of  Governor  of  Louisiana  Territory  an  unscrupulous 
intriguer  who  was  ever  ready  to  sell  his  country's  secrets 
for  Spanish  gold.75  The  President  appointed  Joseph 
Browne  of  New  York,  a  brother-in-law  of  Aaron  Burr,  sec- 
retary, and  John  B.  C.  Lucas,  John  Coburn,  and  Rufus 
Easton,  judges.76 

Not  long  after  his  administration  began,  Wilkinson 
became  involved  in  the  Burr  conspiracy.  On  April  29,  1805 
Burr  reached  Pittsburgh  where  arrangements  had  been 
made  for  "Wilkinson  to  join  him.  When  Wilkinson  failed 
to  appear,  Burr  left  a  letter  for  him  and  continued  his 
journey.  But  at  Fort  Massac  Wilkinson  overtook  Burr. 
We  have  no  definite  knowledge  of  the  interview,  but  from 
subsequent  events  McCaleb  seems  justified  in  his  statement : 
"No  doubt  the  whole  situation  was  canvassed,  the  prob- 
ability of  war  with  Spain ;  the  ease  with  which  the  Floridas 
might  be  overrun ;  the  matter  of  the  equipping  of  an  army 
which  should  sail  for  Vera  Cruz  to  light  the  torch  of  insur- 
rection in  Mexico."  After  giving  Burr  a  letter  to  Daniel 
Clark,  an  influential  citizen  of  New  Orleans,  Wilkinson  went 
to  St.  Louis  where  he  "approached  Majors  Bruff  and 
Hunt  .  .  .  ,  Timothy  Kibby,  John  McKee,  and  others 
with  propositions  varying  from  the  conquest  of  Mexico  to 
the  establishment  of  a  military  empire  in  Louisiana  as  a 
consequence  of  anarchy  in  the  Eastern  States,  growing  out 
of  the  rule  of  Democracy. ' m    Among  the  prominent  men  in 

75 1.  J.  Cox,  "General  Wilkinson  and  his  Spanish  Intrigues,"  in  The 
American  Historical  Review,  XIX,  794-812;  McCaleb,  The  Aaron  Burr 
Conspiracy,  105-171;  Marshall,  History  of  the  Western  Boundary  of  the 
Louisiana  Purchase,  27-31. 

76  Houck,  History  of  Missouri,  II,  401. 

77  McCaleb,  The  Aaron  Burr  Conspiracy,  24-28.  According  to  Houck, 
(History  of  Missouri,  II,  402)  Burr  paid  a  secret  visit  to  St.  Louis  to  see 


26  The  Life  and  Papers  of  Frederick  Bates. 

Louisiana  Territory  who  became  Burrites  were  John  Smith 
T  and  Henry  Dodge.78 

Soon  the  inhabitants  of  the  territory  wore  divided  into 
two  great  parties,  those  favoring  Wilkinson  and  those 
opposed  to  him.  The  opposition  charged  the  governor  with 
improper  interference  with  the  board  of  land  commis- 
sioners, with  keeping  the  territory  under  military  rule,  with 
antagonism  to  American  settlers  and  favoritism  to  the  rich 
French  land  holders,  with  antedating  land  grants,  and  with 
being  a  royalist,  federalist,  and  a  Burrite.  Such  men  as 
Easton,  Hempstead,  Lucas,  and  Hammond  were  opposed 
to  the  governor.  Jefferson  was  bombarded  with  letters 
advising  his  removal.79  But  Wilkinson  did  not  lose  the 
confidence  of  the  administration.  On  May  6,  1806  he  was 
ordered  to  Orleans  Territory  to  handle  the  difficult  situa- 
tion which  had  arisen  over  the  attempt  of  Spain  to  confine 
the  Louisiana  Purchase  to  as  narrow  limits  as  possible. 
This  was  the  period  when  Burr's  famous  expedition  was 
in  preparation,  and  Wilkinson  delayed  his  departure  for 
some  time,  the  probable  cause  of  the  delay  being  to  await 
the  development  of  the  Burr  enterprise.80  With  the  depar- 
ture of  Wilkinson,  Secretary  Joseph  Browne  became  acting 
governor,  but  his  family  connection  with  Burr  made  him 
seem  undesirable  to  Jefferson.  After  an  uneventful  admin- 
istration of  seven  months  he  gave  way  to  Frederick  Bates. 

Bates  arrived  at  St.  Louis  on  April  1,  1807.81    As  Gov- 

his  brother-in-law,  but  this  seems  improbable  in  the  light  of  McCaleb's 
findings. 

78  Louis  Pelzer,  Henry  Dodge,  19. 

79  Houck,  History  of  Missouri,  II,  404-408. 

so  For  Wilkinson's  subsequent  acts  and  his  betrayal  of  Burr,  see 
Marshall,  History  of  the  Western  Boundary  of  the  Louisiana  Purchase, 
29-31. 

si  Bates  to  Lewis,  April  5,  1807. 


Biography  of  Frederick  Bates.  27 

ernor  Lewis  did  not  appear  until  March  8, 1808,S2  for  nearly 
a  year  the  secretary  exercised  the  functions  of  the  chief 
executive  of  the  territory.83  During  this  period  Bates  dealt 
firmly  and  justly  with  the  factional  leaders.  He  attached 
himself  to  no  political  clique.  In  the  turbulent  Ste.  Gene- 
vieve District  where  vast  lead  deposits  were  located,  he 
attempted  to  bring  order  and  to  stop  the  encroachment  of 
land  grabbers  and  speculators.  He  removed  John  Smith  T 
from  his  office  of  judge  of  the  court  of  common  pleas  and 
quarter  sessions  of  the  district,  and  he  partially  checked 
the  operations  of  Smith  and  the  former  secretary,  Browne, 
in  their  unscrupulous  grabbing  of  mineral  lands. 

The  strained  relations  with  England  at  this  time  made  it 
necessary  to  prepare  for  war.  Acting  upon  orders  from 
Washington,  Bates,  with  the  assistance  of  William  Clark, 
who  had  been  appointed  Brigadier-General  of  the  Militia 
of  the  Territory  of  Louisiana,  reorganized  the  militia.  The 
rumors  of  a  combination  of  Indian  tribes  fostered  by 
British  fur  traders  caused  Bates  to  send  confidential  agents 
among  the  tribes  to  ascertain  the  truth,  and  though  he  did 
not  credit  the  rumors,  he  hastened  the  military  prepara- 
tions, at  the  same  time  doing  all  that  was  in  his  power  to 
tranquillize  the  public  mind.  Knowing  that  the  Chouteaus 
wielded  great  power  among  the  Osages,  he  tactfully  won 
the  support  of  both  Auguste  and  Pierre  Chouteau.  The 
acting-governorship  carried  with  it  the  superintendence  of 

82  Bates  to  Joshua  Humphreys,  March  20,  1808.  Houck  (History  of 
Missouri,  II,  409)  was  in  error  when  he  stated  that  Lewis  arrived  in  St. 
Louis  in  July,  1807. 

83  From  this  point  it  has  seemed  unnecessary  to  annotate  the  Intro- 
duction fully,  as  the  Bates  papers  in  the  body  of  the  text  furnish  most 
of  the  evidence  on  which  the  conclusions  are  based.  When  other  material 
is  drawn  upon,  the  authorities  will  be  cited. 


28  The  Life  and  Papers  of  Frederick  Bates. 

Indian  affairs.  In  this  capacity  Bates  superintended  the 
trade  with  the  tribes.  In  the  granting  of  licenses,  in  han- 
dling the  Osage  situation,  in  dealing  with  the  factors  at 
the  government  trading  stations,  and  in  checking  the  influ- 
ence of  British  traders,  he  displayed  the  soundness  of 
judgment  which  in  fact  characterized  his  entire  adminis- 
tration. In  only  one  instance  did  he  err  seriously,  and 
that  was  in  trusting  Robert  Dickson,  a  trader  who  was 
pro-English  in  sympathy,  and  who,  during  the  War  of 
1812,  did  untold  damage  to  the  United  States.84 

When  Bates  arrived  in  the  territory  he  found  that  the 
codes  of  Governors  Harrison  and  Wilkinson  were  badly 
drawn,  and  needed  to  be  revised  and  supplemented.  His 
experience  as  a  judge  in  Michigan  Territory  had  fitted 
him  admirably  for  this  work.  With  the  judges  he  cooper- 
ated in  the  revision,  and  the  excellence  of  the  new  code 
is  in  large  part  to  be  credited  to  him.  In  1808  he  pub- 
lished a  compilation  of  the  laws  of  Louisiana  Territory,  a 
volume  which  has  the  distinction  of  being  the  first  book 
published  within  what  is  now  the  state  of  Missouri.85 

In  appointing  people  to  office  Bates  followed  one  guid- 
ing principle.  Merit  alone  weighed  with  him.  In  a  terri- 
tory torn  by  faction  and  containing  the  lawless  elements 
which  are  invariably  found  on  the  frontiers,  it  was  fre- 
quently difficult  to  find  men  who  were  trustworthy  and 
efficient.  In  this  regard  Bates  used  rare  discretion.  He 
made  appointments  with  deliberation,  and,  when  his  mind 

84  For  an  account  of  Dickson,  see  Ernest  A.  Cruikshank,  "Robert 
Dickson,  the  Indian  Trader,"  in  Wisconsin  Historical  Collections,  XII, 
133-153. 

ss  The  Missouri  Historical  Society  possesses  a  copy  of  this  rare 
volume. 


Biography  of  Frederick  Bates.  29 

was  once  made  up,  his  judgment  of  men  appears  to  have 
been  almost  unerring.  When  he  handed  over  the  reins 
of  government  to  Lewis,  the  governor  found  his  subor- 
dinates honest,  loyal,  and  more  than  usually  efficient. 

Another  sphere  of  Bates'  activity  was  the  settlement 
of  land  claims.  The  first  board  of  land  commissioners 
appointed  by  Jefferson  for  Louisiana  Territory  was  com- 
posed of  J.  B.  C.  Lucas,  James  L.  Donaldson,  and  Clement 
B.  Penrose.  At  the  time  that  Bates  was  appointed  secre- 
tary, he  was  also  appointed  recorder  of  land  titles  and  a 
member  of  the  board  of  land  commissioners,  in  the  latter 
capacity  succeeding  Donaldson. 

The  board  had  to  do  with  an  exceedingly  difficult  situa- 
tion. It  was  charged  that,  during  the  interim  between  the 
news  of  the  sale  of  Louisiana  and  the  American  occupa- 
tion, speculators  had  secured  large  land  concessions  by 
fraudulent  means,  especially  by  antedating  of  grants  and 
by  enlargement  of  grants  which  were  otherwise  legal.  To 
see  that  justice  was  done,  that  the  fraudulent  grants  were 
annulled,  and  that  legal  grantees  were  allowed  to  keep 
their  holdings  required  honest,  fair-minded,  and  fearless 
men,  versed  in  the  law.  For  nearly  five  years  the  board 
struggled  with  the  problems.86 

In  the  collection  of  evidence  Bates  made  extensive  jour- 
neys. In  1808  he  visited  the  Arkansas  country,  his  journey 
being  over  a  thousand  miles  in  length.  At  first  the  board 
held  its  meetings  every  third  day,  but  the  slowness  of  its 
progress  annoyed  Bates  and  he  succeeded  in  getting  the 
members  to  meet  daily.  In  spite  of  this  the  work  did  not 
proceed  with  the  rapidity  desired  by  Gallatin,  the  secre- 

ss  Houck,  History  of  Missouri,  III,  34-51. 


30  The  Life  and  Papers  of  Frederick  Bates. 

tary  of  the  treasury,  who  failed  to  appreciate  the  difficul- 
ties of  the  work.  At  times  the  members  of  the  board  were 
not  in  accord,  and  occasionally  serious  disagreements 
threatened  to  disrupt  it,  but  these  were  invariably  healed. 
By  the  summer  of  1811  the  commissioners  were  nearing 
the  end  of  their  labors.  In  January,  1812  the  report  was 
completed  and  was  entrusted  to  Penrose  for  conveyance 
to  Washington.  In  the  course  of  their  deliberations  the 
commissioners  had  passed  on  about  three  thousand  claims, 
and  had  issued  certificates  of  title  to  thirteen  hundred  and 
forty-two  claimants.87  The  commissioners  also  presented 
a  report  on  lead  mining  and  saline  claims.88 

Soon  after  the  arrival  of  Governor  Lewis,  the  chief 
executive  and  the  secretary  were  in  disagreement,  espe- 
cially in  regard  to  appointments  and  Indian  policy.  To  his 
brother  Eichard  he  wrote  on  April  15,  1809,  "We  differ 
in  everything;  but  we  will  be  honest  and  frank  in  our 
intercourse.  I  lament  the  unpopularity  of  the  Governor; 
but  he  has  brought  it  on  himself  by  harsh  and  mistaken 
measures.  He  is  inflexible  in  error,  and  the  irresistible 
Fiat  of  the  People,  has,  I  am  fearful  already  sealed  his 
condemnation."  Apparently  the  governor  was  suspicious 
of  the  popular  secretary  and  fearful  that  Bates  was  at 
the  head  of  a  party  whose  object  it  was  to  bring  about 
his  dismissal.  Bates  frankly  told  Lewis  that  he  did  not 
agree  with  his  policies,  but  that  he  had  no  desire  to  dis- 
place him. 

On  September  4, 1809  Lewis  started  for  the  East,  leaving 
Bates  once  more  as  acting-governor.  On  October  11,  1809 
the  life  of  Lewis  came  to  an  untimely  end.    That  the  death 

87  The  report  is  in  Am.  State  Papers,  Public  Lands,  II,  383-603. 
zs  Ibid.,  Ill,  575-603. 


Biography  of  Frederick  Bates.  31 

of  the  governor  did  not  awaken  a  feeling  of  sorrow  in 
the  secretary  is  not  surprising  in  the  light  of  their  inhar- 
monious relations.  Bates'  choice  for  the  governorship 
was  Judge  Coburn,  but  the  authorities  at  Washington 
thought  otherwise.  The  office  was  given  in  the  spring  of 
1810  to  Benjamin  Howard,  of  Kentucky.  He  came  to  St. 
Louis  in  the  fall  but  remained  only  a  short  time  and  did  not 
return  until  the  summer  of  1811.  Thus  for  nearly  two  years 
Bates  was  again  acting-governor.  In  the  spring  of  1811  his 
term  as  secretary  expired  and  his  commission  of  reappoint- 
ment failed  to  arrive,  being  delayed  for  several  months  in 
transit.  Although  the  newspapers  announced  his  reap- 
pointment, Bates  felt  that  he  had  no  legal  authority  to  act 
until  he  had  received  official  notification,  and  for  several 
weeks  official  business  was  at  a  standstill.  With  the  arrival 
of  the  commission,  he  again  took  up  the  duties  of  his  office. 

During  his  second  acting-governorship  the  most  difficult 
problems  which  Bates  had  to  solve  were  those  concerning 
the  lead  mines.  During  the  administration  of  Lewis  gov- 
ernmental vigilance  had  relaxed  and  speculators  had  suc- 
ceeded in  getting  control  of  valuable  properties  without 
governmental  sanction.  Of  these  speculators  the  most 
flagrant  violator  of  the  law  was  John  Smith  T  whose 
hatred  for  Bates  eventually  culminated  in  a  challenge  to 
a  duel,  which  the  secretary  very  properly  refused  to 
accept.  Bates  was  ever  vigilant  in  his  protection  of  the 
interests  of  the  government.  The  papers  give  ample 
testimony  that  he  granted  leases  without  fear  or  favor, 
and  fought  relentlessly  the  unscrupulous  and  rapacious 
speculators  who  prej^ed  upon  the  public  domain. 

In  his  handling  of  the  Indian  problem  Bates  sought  to 


32  The  Life  and  Papers  of  Frederick  Bates. 

undo  the  policy  of  Lewis,  who  had  placed  restrictions  upon 
the  trade  with  the  tribes,  restrictions  which  led  to  much 
friction  with  the  merchants  and  tended  to  alienate  the 
Indians.  In  the  granting  of  trading  licenses  he  pursued 
a  more  liberal  policy  than  had  his  predecessor.  The 
northern  frontier,  where  the  British  merchants  worked 
among  the  tribes,  presented  a  constant  threat  of  war. 
Bates  was  thoroughly  alive  to  the  situation.  He  strength- 
ened the  militia,  and  kept  in  close  touch  with  the  officers 
at  the  frontier  posts,  and  with  the  traders,  superintend- 
ents, and  agents  who  came  in  direct  contact  with  the 
tribes. 

To  Bates  fell  the  task  of  superintending  the  taking  of 
the  1810  census.  The  work  was  attended  to  with  metic- 
ulous care,  the  result  being  that  the  census  report  for 
Louisiana  Territory  for  that  year  is  more  trustworthy  on 
frontier  conditions  than  are  most  census  reports. 

By  an  act  of  congress  of  June  4,  1812  the  Territory  of 
Louisiana  became  Missouri  Territory,  the  new  territory 
being  raised  to  the  second  grade  of  territorial  government. 
The  executive  power  was  still  vested  in  a  governor 
appointed  by  the  President;  the  status  of  the  secretary 
remained  unchanged;  but  the  legislative  power  was  vested 
in  a  bicameral  body  called  the  general  assembly,  composed 
of  a  legislative  council  and  a  house  of  representatives.89 
The  territory  was  also  given  a  congressional  delegate, 
Edward  Hempstead  being  the  first  one  to  hold  the  office.90 
Governor  Howard  continued  in  office,  as  did  Bates.  On 
October  1,  1812  the  governor  issued  a  proclamation  divid- 

sa  U.  S.,  Statutes  at  Large,  II,  743-747. 

so  The  Hempstead  papers  are  in  the  possession  of  the  Missouri  His- 
torical Society. 


Biography  of  Frederick  Bates.  33 

ing  the  territory  into  five  counties,  the  original  counties 
having  practically  the  same  boundaries  as  the  former  five 
districts,  with  the  exception  that  the  four  counties  south 
of  the  Missouri  River  were  bounded  on  the  west  by  the 
western  boundary  of  the  Osage  Purchase.91 

Governor  Howard  remained  in  office  but  a  few  months 
after  the  outbreak  of  the  War  of  1812,  resigning  to  accept 
the  office  of  brigadier-general  in  the  United  States  Army.92 
For  the  last  time  Bates  became  acting-governor.  It  was 
a  period  when  troops  were  being  equipped  for  service 
along  the  Missouri-Illinois  border,  where  Indian  depreda- 
tions endangered  the  outlying  settlements.93  As  acting- 
governor  Bates'  chief  concern  was  the  provisioning  of  the 
various  military  units.  On  June  3,  1813  he  issued  a  proc- 
lamation calling  the  general  assembly  to  meet  on  the  first 
Monday  in  the  following  month.  But  in  July  Governor 
William  Clark's  administration  began,  and  Bates  for  the 
last  time  stepped  down  from  the  acting-governorship. 

Until  the  close  of  the  War  of  1812  Bates  was  engaged 
with  the  routine  duties  of  the  offices  of  secretary  and 
recorder  of  land  titles.  In  December,  1815  he  was  in 
Washington  on  important  government  business.  The 
depredations  of  the  Indians  during  and  immediately  after 
the  war  had  caused  immense  damage,  and  to  Bates  was 
entrusted  the  investigation  of  the  losses.    After  carefully 

si  Am.  State  Papers,  Miscellaneous,  II,  202.  For  the  Osage  Purchase, 
see  Charles  C.  Royce,  Indian  Land  Cessions  of  the  United  States,  Bureau 
of  Ethnology,  Eighteenth  Annual  Report,  II,  plate  37. 

92  His  commission  was  issued  March  12,  1813. 

93  Ninian  W.  Edwards,  History  of  Illinois  from  1778  to  1833,  and  Life 
and  Times  of  Ninian  Edwards,  65-72,  323-348;  Clarence  W.  Alvord,  The 
Illinois  Country,  1673-1818,  pp.  440-447;  James  H.  Perkins,  Annals  of  the 
West,  730-741. 


34  The  Life  and  Papers  of  Frederick  Bates. 

collecting  evidence,  he  made  an  extended  report  to  .  the 
secretary  of  war.91  While  in  Washington  he  was  no  doubt 
consulted  regarding  land  questions,  for  on  February  2, 
1816  he  submitted  to  Josiah  Meigs,  the  commissioner  of 
the  general  land  office,  a  report  on  claims  in  Missouri 
Territory  entered  under  the  act  of  June  13,  1812  and 
proven  before  January  1,  1814,  and  on  confirmations  made 
under  the  act  of  April  12,  1814.95  On  March  17,  1816 
Bates  submitted  a  detailed  criticism  of  pending  land  legis- 
lation to  the  congressional  committee  on  public  lands.  In 
his  capacity  as  recorder  of  land  titles,  he  also  acted  as 
commissioner  in  the  settling  of  lead  mine  and  saline 
claims.96 

In  the  long  period  of  his  occupancy  of  the  office  of 
recorder  of  land  titles,  Bates  appears  to  have  had  the  full 
confidence  of  his  superiors  at  the  seat  of  government. 
Only  one  reversal  of  his  recommendations  has  come  to 
light;  namely  his  recommendation  regarding  a  grant  held 
by  James  Mackay  which  was  not  sustained  by  the  con- 
gressional committee  on  private  claims.97  Bates  continued 
as  secretary  of  Missouri  Territory  until  the  organization 
of  the  state  of  Missouri,  and  remained  in  the  office  of 
recorder  of  land  titles  until  his  election  to  the  governor- 
ship of  the  state  in  1824. 

In  the  summer  of  1814  Frederick  Bates  was  joined  by 
Edward,  his  youngest  brother,  who  soon  entered  the  law 

94  Messages  and  Proclamations,  I,  86. 

95  Am.  State  Papers,  Public  Lands,  III,  274-330.  The  report  also 
covered  claims  in  the  District  of  Arkansas,  then  a  part  of  Missouri  Ter- 
ritory, proven  up  to  July  1,  1814. 

96  For  Bates'  report  of  November  20,  1816,  see  Am.  State  Papers, 
Public  Lands,  III,  604-608. 

97  ibid.,  Ill,  360-362,  370. 


Biography  of  Frederick  Bates.  35 

office  of  Rufus  Easton.  Two  years  later  Edward  was 
admitted  to  the  bar,  and  in  1818  Governor  Clark  appointed 
him  attorney-general  of  the  territory.  In  1820  he  was  a 
member  of  the  Missouri  constitutional  convention  and  in 
1821  Governor  McNair  appointed  him  attorney-general  of 
the  state,  a  position  which  he  soon  resigned  to  make  way 
for  Rufus  Easton.  In  1822  he  was  elected  to  the  lower 
house  of  the  legislature  and  in  1824  President  Monroe 
appointed  him  United  States  Attorney  for  the  Missouri 
District.  The  younger  brother  was  thus  well  on  his  way 
toward  the  exalted  position  which  he  eventually  attained 
as  attorney-general  in  the  Lincoln  cabinet.98 

The  brothers  had  attained  a  very  high  place  in  the 
respect  and  affection  of  the  people  of  Missouri ;  they  num- 
bered among  their  intimate  friends  the  foremost  men  of 
the  progressive  frontier  state,  a  state  which  was  receiving 
within  its  borders  thousands  of  settlers  every  year.  Most 
of  the  newcomers  made  homes  in  the  rich  bottom  lands 
of  the  Missouri,  but  every  river  valley  was  the  scene  of 
land  clearing  and  home  building.  The  older  communities 
along  the  Mississippi  dominated  the  political  situation  in 
the  early  twenties,  but  within  less  than  a  decade  the  back 
country  was  to  become  a  powerful  factor  in  the  politics  of 
the  state.  In  a  frontier  region  such  as  Missouri  was, 
federalism  and  Jeffersonian  republicanism  had  not  taken 
deep  root.  The  breakdown  of  the  old  parties  destroyed 
the  meagre  remnants  of  old  alignments,  and  it  was  not 
until  Jacksonian  democracy  with  its  cry  of  corrupt  bar- 
gain swept  the  West  that  distinct  national  parties  devel- 

98  For  an  excellent  short  biography  of  Edward  Bates,  see  William  F. 
Switzler,  "Lincoln's  Attorney-General,"  in  Onward  Bates,  Bates,  et  al. 
of  Virginia  and  Missouri,  25-29. 


36  The  Life  and  Papers  of  Frederick  Bates. 

oped  in  Missouri.  During  the  period  from  1821  to  1825 
the  political  questions  were  mainly  local,  and  personalities 
rather  than  principles  were  determining  factors." 

Among  the  prominent  men  of  the  period  were  the  Bar- 
tons. David  Barton  and  his  brother  Joshua  came  to  St. 
Louis  in  1812  and  began  the  practice  of  law.  The  Bartons 
and  the  Bates  brothers  became  fast  friends,  Joshua  Bar- 
ton and  Edward  Bates  becoming  associated  in  the  prac- 
tice of  law.  In  September,  1820  Joshua  Barton  urged 
Frederick  Bates  to  become  a  candidate  for  the  office  of 
United  States  senator,  but  he  did  not  see  fit  to  enter  the 
political  arena  at  that  time.  Thomas  Hart  Benton  and 
David  Barton  were  elected  as  the  first  United  States  sen- 
ators from  Missouri.100 

Frederick  Bates  was  a  thrifty  person  who  attended 
strictly  to  business.  He  invested  most  of  his  savings  in 
land,  and  benefited  materially  by  the  rise  of  prices  which 
came  with  the  influx  of  settlers.  But  in  spite  of  his  assured 
position  and  growing  estate  he  remained  a  bachelor  until 
1819.  On  March  4  of  that  year  he  married  Nancy  Opie 
Ball,  a  daughter  of  Colonel  John  S.  Ball  of  St.  Louis 
County.101    After  the  marriage  Bates  and  his  bride  made 

9J>  Edward  Bates  in  an  "Address  to  the  People  of  Missouri,"  (Missouri 
Intelligencer,  June  29,  1826)  said,  The  "very  land-marks  of  the  Repub- 
lican party  have  been  removed,  and  there  remains  nothing  of  what  was 
once  a  great  question  of  principles,  but  a  disgraceful  contest  about  men. 
In  such  contests,  I  desire  to  mingle  as  little  as  possible,  and  very  em- 
phatically say,  I  belong  to  no  party."  For  several  of  the  above  general- 
izations I  am  indebted  to  Margaret  B.  Herzer,  "The  Whig  Party  in  Mis- 
souri, 1828-1831,"  Washington  University,  M.  A.  Thesis,  1922. 

100  Joshua  Barton  was  killed  in  a  duel  in  1823. 

ioi  She  was  born  on  April  19,  1802,  in  Lancaster  County,  Virginia. 
Her  father  commanded  a  Virginia  regiment  at  Fort  Henry  near  Baltimore 
when  it  was  bombarded  by  the  British.  He  brought  his  family  to  St. 
Louis  County  about  1815  and  engaged  in  farming.     He  served  one  term 


Biography  of  Frederick  Bates.  37 

their  home  at  ' '  Thornhill, ' '  an  estate  of  a  thousand  acres 
in  Bonhomme  Township  near  the  modern  town  of  Chester- 
field. The  house  with  its  broad  front  and  high  portico 
was  of  the  type  with  which  Bates  was  familiar  in  his  boy- 
hood days  in  Virginia.102  At  "ThornhiH"  their  children 
were  born.  The  eldest,  Emily  Caroline,  was  born  Jan- 
uary 5,  1820.  She  married  Eobert  A.  Walton  and  became 
the  mother  of  eight  children.  The  second  child  of  Fred- 
erick Bates,  Lucius  Lee  Bates,  was  born  March  18,  1821. 
To  his  daughter,  Lucia  Lee  Bates,  we  owe  the  preserva- 
tion of  most  of  the  Bates  papers.  The  third  child,  Wood- 
ville,  was  born  on  February  1,  1823,  and  the  fourth,  Fred- 
erick, saw  the  light  on  February  1,  1826,  nearly  six  months 
after  the  death  of  his  father.103 

In  1824  Bates  entered  the  race  for  the  governorship.  The 
rival  candidate,  William  Henry  Ashley,  was  a  dangerous 
opponent,  for  he  was  versed  in  politics,  having  been 
elected  lieutenant-governor  of  Missouri  in  1821.  His 
career  in  the  mining  region,  as  an  army  officer,  and  as  a 
fur  trader  appealed  to  the  imagination  of  the  frontiers- 
men. In  the  campaign  "Ashley's  friends  made  much  of 
the  romantic  character  of  his  business,  and  his  ambitious 
enterprise  in  pushing  the  trade  into  the  unknown  wilds 
of  the  far  West."  The  old  residents  who  knew  Bates' 
sterling  qualities  supported  him,  while  the  recent  settlers 

in  the  state  legislature.  About  1827  he  became  a  Presbyterian  minister 
and  was  one  of  the  founders  of  the  Presbyterian  church  at  Troy,  Missouri. 
He  died  April  12,  1849.  On  February  3,  1831  Mrs.  Frederick  Bates  mar- 
ried Dr.  Robert  C.  Rubey.  She  died  on  March  16,  1877.  I  am  indebted 
to  Miss  Lucia  Lee  Bates  for  the  above  information,  which  is  based  upon 
the  record  in  the  family  Bible  and  upon  a  sketch  of  the  life  of  Colonel 
Ball  written  by  Lucius  Lee  Bates,  the  son  of  Frederick  Bates. 

102  Messages  and  Proclamations,  I,  75. 

103  Onward  Bates,  Bates,  et  al.  of  Virginia  and  Missouri,  23,  24. 


38  The  Life  and  Papers  of  Frederick  Bates. 

favored  Ashley.  After  a  spirited  contest  Bates  was 
elected  as  the  second  governor  of  the  state  of  Missouri, 
succeeding  Alexander  McNair.104 

When  Frederick  Bates  entered  upon  his  term  of  office 
the  capital  of  the  state  was  St.  Charles.  There  in  a  tav- 
ern-like structure  the  legislators,  most  of  whom  wore 
homespun  and  caps  made  of  coon  or  wildcat  skins,  assem- 
bled.105 On  November  17,  1824  the  governor  delivered  a 
brief  inaugural  address,  in  which  he  emphasized  the 
ancient  principles  of  English  liberty,  tnat  justice  should  be 
accessible  to  all  and  should  not  be  delayed.106 

Bates'  administration  is  remembered  chiefly  because  of 
two  acts:  his  veto  of  a  bill  to  prevent  dueling,  and  his 
refusal  to  receive  Lafayette  officially  when  he  visited  St. 
Louis.  Bates  abhorred  dueling;  his  brother  Tarleton  had 
met  his  death  in  a  duel;  he  himself  had  been  challenged 
by  John  Smith  T;  and  Edward  Bates'  law  partner  had 
been  killed  in  a  duel.  But  Bates  considered  the  remedy 
proposed  by  the  bill  as  a  greater  evil  than  dueling.  "With 
as  sincere  a  disposition  as  any  man  feels  for  the  suppres- 
sion of  this  practice,  I  cannot  give  my  consent  to  the 
employment  of  torture  as  the  proper  correction  —  and 
perhaps  the  lash  is  the  last  description  of  corporal  chas- 
tisements which  ought  to  be  resorted  to. ' n07 

When  it  became  known  that  Lafayette  would  pay  a  visit 
to  St.  Louis  in  April,  1825,  Bates  informed  the  legislature 
of  the  fact;  but  that  body  made  no  appropriation  to  cover 

104  Harrison  C.  Dale,  The  Ashley-Smith  Explorations  and  tlie  Discov- 
ery of  a  Central  Route  to  the  Pacific,  1822-1829,  pp.  172-173. 

ioo  For  a  picture  of  the  temporary  capitol  at  St.  Charles,  see  Walter 
B.  Stevens,  Centennial  History  of  Missouri,  II,  475. 

106  Messages  and  Proclamations,  I,  78-81. 

lor  ibid.,  I,  82-83. 


Biography  of  Frederick  Bates.  39 

the  expense  of  entertaining  the  distinguished  guest.  The 
St.  Louis  committee  hoped  for  state  aid,  but  Bates  held 
that  the  entertainment  must  not  be  of  an  official  nature. 
To  emphasize  his  point  of  view  he  absented  himself  and 
in  a  written  explanation  said,  "As  an  individual  it  would 
be  altogether  immaterial  whether  I  kissed  the  hem  of  his 
garment  or  not  —  As  Governor  of  the  State  I  shall  not 
wait  on  him  since  the  Genl.  Assembly  had  not  thought 
proper  to  give  the  first  impulse.  It  has  however  been  sug- 
gested that  he  may  personally  take  it  into  his  head  to 
search  me  up,  either  at  St.  Chs,  or  on  the  hills  of  Bon 
Homme.  He  would  find  me  at  neither  place,  —  for  I  have 
long  since  promised  my  family  to  visit  some  friends  about 
that  time."108  Lafayette  paid  his  visit  and  was  lavishly 
entertained,  but  true  to  his  word  the  governor  was  not 
present. 

Frederick  Bates  did  not  live  out  his  term  of  office.  On 
August  4,  1825  he  died  of  pleurisy.  He  was  buried  in 
the  family  plot  at  Thornhill.109  After  a  long  study  of  his 
papers,  the  writer  of  this  sketch  feels  that  Edward  Bates 
gave  a  just  estimate  of  his  brother  when  he  wrote, 
"F[rederick]  B[ates]  was  a  man  naturally  of  good  parts, 
far  above  mediocrity,  and  by  life  long  practice,  methodical 
and  exact  in  business.  A  constant  and  observant  reader, 
well  versed  in  the  English  classics ;  not  ignorant  of  French 
literature;  and  a  good  historian  of  all  times.  He  was  no 
public  speaker,  having  never  practiced,  but  his  powers  of 
conversation  were  somewhat  remarkable  —  fluent  always, 
sometimes  brilliant,  and  generally,  at  once,  attractive  and 

los  Stevens   (Centennial  History  of  Missouri,  II,  477-478),  quotes  the 
entire  letter. 

109  Messages  and  Proclamations,  I,  77. 


40  The  Life  and  Papers  of  Frederick  Bates. 

instructive.  He  was  a  very  ready  writer,  using  some 
diversity  of  style,  but  generally  clear,  terse  and  pungent. 
His  habits  were  very  retired,  perhaps  censurable  recluse. 
His  friendships  few,  but  strong  and  abiding."110 

no  Michigan  P.  and  H.  Society,  Collections,  VIII,  563-564. 


PART     1 
The  Detroit  Period 


THE  DETROIT  PERIOD 


TO  THOMAS  FLEMING  BATES1 

Pkesqtj'  Isle  Fort,  Octo.  21st.  1797. 
My  Dear  Father, 

I  arrived  at  this  place  from  Pittsburgh  on  the  18th  inst. 
My  pay  and  rations  commenced  on  the  10th  and  [I  am  stay- 
ing] in  the  Garrison,  in  the  house  of  Mr.  Sydnor,  from 
[whom  I  have  received]  every  mark  of  friendly  attention. 
I  find  that  I  am  [in  some  res]pects  calculated  to  meet  the 
occasional  frowns  of  adversity  [with]  fortitude.  Such 
however  as  I  have  as  yet  experienced,  have  been  trifling 
in  their  nature  and  transitory  in  their  duration.  I  seldom 
had  company  on  the  road  from  Belmont  to  Pitt,  yet  my 
imagination  was  ever  on  the  wing.  The  beautiful,  the 
promiscuous  piles  of  mountains  in  Culpepper  afforded  the 
most  exquisite  delights ;  The  Clouds  reclined  on  their  lofty 
summits  with  recumbent  ease,  and  every  valley  presented 
the  astonished  eye  with  fertile  meadows  in  excellent  culti- 
vation. On  the  Sunday  evening  after  my  departure, 
found  myself  at  the  Tavern  of  Maj  Hand,  at  Chester's  Gap 
in  the  blue  Eidge,  and  dined  in  Winchester  on  the  succeed- 
ing day.  This  Town  contains  a  great  variety  of  industrious 
Mechanics,  whom  the  allurements  of  pleasure  and  the 
attractions  of  fashionable  vice  have  not  yet  been  able  to 

i  Unless  otherwise  indicated,  the  writer  of  the  letter  was  Frederick 
Bates. 

(43) 


44  The  Life  and  Papers  of  Frederick  Bates. 

intice  from  their  labour  and  prudent  oeconomy.  I  staid 
here  a  day  to  refresh  myself  and  hear  the  pleadings  in  the 
District  Court,  when  I  again  went  forward,  and  alighted 
about  twilight  at  a  decent  Log  house,  which  promised  — 
if  not  sumptuous,  at  least  wholsome  entertainment.  My 
Land  lord,  rendered  venerable  by  age  met  me  at  the 
Threshold,  and  enquired  the  place  of  my  nativity  and  of 
my  destination.  Instead  of  treating  him  as  I  ought  —  I 
candidly  answered  the  interrogatory.  He  then  said  it  was 
impossible  such  a  youngster,  such  a  stripling  as  myself 
could  have  business  so  far  from  home  and  added  that  I 
must  be  a  Runaway.  .  .  .2  I  expostulated.  ...  I 
produced  my  recommendations,  delivered  my  pistol  and 
calmed  his  apprehensions,  by  a  candid  disclosure  of  my 
situation.  Was  afterwards  treated  with  the  most  studied 
politeness.  I  then  reflected  that  it  might  have  been  worse 
had  I  resented  his  insolence  and  left  the  house,  perhaps  to 
lodge  in  the  fields.  —  The  accommodations  on  the  Allegheny 
are  for  the  most  part  very  good :  —  The  country  from  Pitt 
to  this  place  is  no  better  than  a  wilderness,  a  Bed  can  never 
be  expected  neither  can  a  horse  be  fed  farther  from  Pitt 
than  sixty  miles.  I  thought  myself  happy  in  getting  a  fire 
before  which  I  could  sleep  on  my  saddle-blanket  and  great 
Coat.  I  slept  one  night  in  that  situation  by  the  side  of  two 
Indians.  —  The  night  before  my  arrival  here  was  be- 
nighted. —  The  Roads  two  feet  deep  with  mud  —  The  hand 
could  not  be  seen  when  placed  before  the  eyes,  and  to 
complete  the  misfortune,  it  rained  with  incessant  violence. 
We  could  go  no  farther,  —  a  fire  was  raised  with  difficulty, 
our  horses  almost  famished  were  confined  to  the  Bushes, 

-  The  dots  here  indicate  mutilations  in  the  manuscript. 


The  Detroit  Period.  45 

and  ourselves  emaciated  with  fatigue  and  want  of  food 
waited  with  impatience  for  returning  day.  I  have  thought 
of  going  to  fort  Erie  on  Tuesday  about  120  miles  out  of  my 
way,  as  the  probability  is  greater  of  getting  a  passage  to 
Detroit  than  from  this  place.  Was,  the  Day  before  yester- 
day on  the  Peninsula,  to  gather  Cranberries  which  grow 
there  in  great  abundance. 

Remember  me  to  my  mother,  brothers  and  sisters  in  the 
tenderest  terms  and  believe  me  Dear  Father  Your  very 
affectionate  son.     .     .     . 

[P.  S.]  I  informed  you  from  Pittsburgh  that  my  Leg 
was  perfectly  well.  —  I  have  now  every  reason  to  believe  it 
is  as  sound  as  the  other.  —  Am  in  perfect  health,  strong, 
vigorous  and  active  from  exercise. 


TO  MISS   SAEAH    (SALLY)    BATES 

Detroit  May  5th  1799. 
My  dear  Sister, 

After  closing  my  letter  to  Richard  I  recollected  that  I 
ought  not  to  neglect  writing  to  you,  by  the  present  favor- 
able opportunity,  as  the  Regimental  Pay  Master,  Lt. 
Thompson,3  will  give  them  a  safe  conveyance  to  Pitts- 
burgh. —  Still  my  dear  Sally  I  have  nothing  to  tell  you, 
unless  to  repeat  those  vows  of  unalterable  affection,  which 
I  have  so  often  made.  Can  I  never  expect  to  hear  from 
you,  except  at  second  hand.  I  sometimes  see  your  name  in 
the  letters  of  my  amiable  and  worthy  little  Correspondent. 
But  there  the  whole  family  send  their  loves  to  me  in  a 

s  David  Thompson. 


46  The  Life  and  Papers  of  Frederick  Bates. 

bundle.  It  has  too  much  the  appearance  of  a  thing  of 
course,  —  I  should  wish  to  hear  from  you  individually. 
Indeed  you  do  not  consider  my  situation.  It  has  been  a 
length  of  time  since  I  saw  the  human  being,  who  has  the 
smallest  interest  in  my  welfare.  When  I  meet  with  those 
little  rubs  and  cross  accidents,  from  which  I  never  ever 
expected  an  exemption  I  must  submit  to  them  in  silence. 
What  relief !  had  I  a  Friend  to  whom  I  might  impart  them, 
and  who  would  assist  me  to  support  their  burthen.  Before 
I  knew  the  value  of  a  friend,  I  estimated  too  lightly  thac 
harmony  &  affection,  which  ought  to  subsist  between  per- 
sons deriving  their  existence  from  the  same  source.  I 
experience  a  kind  of  gloomy  happiness,  when  thinking  on 
those  Scenes  of  youthful  pleasure,  which  nothing  but  fancy 
can  enjoy.  Every  object  which  then  surrounded  me, 
appears  now  replete  with  beauties.  Even  the  sandy  road 
in  which  we  trudged  to  School  together,  has  something  in 
[it]  inexpressibly  charming.  Yet  they  shine  with  borrowed 
lustre ;  It  is  you  —  It  is  the  Belmont  family  which  bestows 
on  them,  their  pleasing  attractions.  — 

I  make  but  little  progress  among  the  french  Girls.  They 
are  not  very  apt  to  think  favorably  of  the  Americans.  — 
They  think  them  a  rough  unpolished,  brutal  set  of  people. 
The  pleasure  of  walking  on  a  Sunday  evening,  is  almost 
counterbalanced  by  the  trouble  attendant  on  that  parade 
&  ceremony  with  which  the  salutations  of  the  French  must 
be  returned.  —  The  Miss  Grants  daughters  of  the  Commo- 
dore of  the  British  Squadron  on  the  upper  Lakes,  are  the 
finest  girls  in  this  country.  —  Their  mother  is  a  Canadian, 
and  they  are  Roman  Catholics.  Last  Christmas  I  went 
early  to  the  midnight  mass,  and  seated  myself  in  their 
Pew.  —  They  came,  and  with  the  most  obliging  good  nature, 


The  Detroit  Period.  47 

requested  me  to  make  room,  —  I  rose  —  apologised  for  my 
intrusion  —  &  seated  myself  in  the  Pew  next  them.  — 
Determined  to  be  diverted  at  my  expence,  they  beckoned 
to  me  as  many  as  three  times,  to  move,  as  I  was  in  the  seat 
of  a  lady  who  was  coming  in.  —  After  mass,  I  remonstrated 
with  them  on  their  cruelty  in  taking  such  pleasure  in  my 
embarrasment.  They  thought  it  a  cruelty,  which  they 
might  very  innocently  exercise.  —  Their  father  altho '  in 
the  British  service  lives  on  this  side  the  Strait,  about 
twelve  miles  above  town  on  one  of  the  best  Farms  in  the 
Country.  Their  mother  (which  is  a  singular  circumstance 
among  French  Ladies)  superintends  the  farm,  the  produce 
of  which,  supports  the  Family  very  decently.  The  old 
Gentleman's  salaries  as  Commodore  and  privy  Counsellor, 
are  funded,  as  portions  for  the  girls.  — 

A  young  fellow  and  myself  once  went  into  the  Pew  of 
Miss  Navarre.4  —  When  we  left  it,  she  came  in,  and 
smeared  her  muslin,  with  a  little  Tobo.  juice,  which  we  had 
very  impolitely  left  on  the  bench,  on  which  she  performed 
her  genuflexions.  She  afterwards  told  an  acquaintance  of 
ours,  that  she  thought  Mr.  Wallace  and  Mr.  Ernest's 
brother,  had  more  ill-manners  &  less  decency  than  even 
the  Yankies  generally  had.  —  On  public  occasions,  at  the 
Balls,  the  French  Girls,  will  not  be  acquainted  with  you. 
Altho'  they  may  understand  English,  they  will  speak  to 
you  in  French.  I  cannot  attribute  it  to  modesty  for  I  have 
known  their  conduct  intirely  incompatible,  with  that  use- 
less incumbrance. 

Upon  the  whole  I  think  favorably  of  them:  Those  in 
good   circumstances   are   remarkably   neat,   both  in   their 

4  Probably    the    daughter    of    Robert    Navarre,    a    prominent    French 
settler. 


48  The  Life  and  Papers  of  Frederick  Bates. 

persons  &  houses.  Their  original  organization  is  certainly 
different  from  other  people.  A  country  rustic  who  sells 
Potatoes  has  all  the  happy  confidence,  easy  motions,  and 
politeness  of  expression,  which  in  other  countries,  distin- 
guish the  Gents,  from  the  common. 

Most  of  the  labouring  French  wear  a  [handker]  chief 
about  their  heads  instead  of  a  [hat].  It  is  not  uncommon 
when  meeting  a  mer [chant]  in  the  Street,  for  them,  to  take 
off  the  H[andkerchief  and]  make  a  low  bow.  —  In  tying  it 
on  again  they  are  a  minute  or  two  before  they  can  please 
themselves.  — 

My  Love  to  Father,  &  Mother  &  Aunt  Ursula5  —  Also 
all  our  brothers  &  sisters,  &  to  all  those  whose  enquiries 
after  me,  are  dictated  by  friendship,  and  not  curiosity.  — 


RICHARD  BATES  TO  FREDERICK  BATES 

Clerk's  Office  of  Gooch.  county  July  24.  1799. 
My  dear  brother, 

The  spirit  of  party  in  this  state  has  been  raised  to  its 
highest  pitch,  the  Federalists  as  they  call  themselves,  but 
as  the  republicans  call  them  the  Aristocrats,  have  at  length 
gained  I  hope  but  a  temporary  ascendency.  A  matter  of 
the  greatest  moment  which  has  occurred  since  my  remem- 
brance, was  the  election  of  a  member  to  Congress  for  the 
district  composed  of  Henrico  and  other  counties.  John 
Clopton  the   former  representative   of  that  district,   and 

s  Ursula  Woodson,  who  married  Francis  Luddington  of  Greenbrier, 
Virginia. 


The  Detroit  Period.  49 

General  Jno.  Marshall  our  late  Envoy  to  France,  the 
former  the  darling  of  Liberty,  the  latter  the  advocate  of 
Aristocracy  were  the  candidates,  it  was  generally  believed 
by  the  Republicans  that  Mr.  Clopton's  election  was  secure, 
till  the  event  proved  to  them  the  contrary,  General  Mar- 
shall was  elected  by  a  great  majority,  not  by  fair  and 
honorable  means,  but  by  deceit  and  bribery.  The  treasures 
of  the  Scotch  merchants  gained  by  fraud  and  sunk  in  the 
deepest  coffers  of  avarice  flowed  with  liberality  in  promot- 
ing the  election  of  their  favorite,  while  the  virtuous 
Clopton  if  he  had  the  inclination,  had  not  the  means  to 
bribe,  thus  you  see  the  power  of  Riches,  and  thus  you  see 
Republican  principles  trampled  on.  —  James  Lyon  from 
one  of  the  northern  states  son  of  Mathew  Lyon  a  member 
of  Congress  (of  whose  fine  and  imprisonment  under  the 
Sedition  law  I  suppose  you  have  heard)  has  lately  settled 
in  Richmond,  he  has  undertaken  the  printing  of  what  he 
calls  a  national  magazine,  the  first  number  of  which  has 
come  from  the  press,  it  contains  many  valuable  produc- 
tions, such  as  extracts  from  the  letters  of  John  Thompson 
deed,  late  of  the  town  of  Petersburg  under  the  fictitious 
name  of  Curtius  to  General  Marshall,  which  I  hope  you 
have  seen,  for  they  are  the  master  pieces  for  style  and 
argument  that  have  ever  come  to  my  perusal,  and  many 
other  writings  worthy  of  American  attention  —  if  the  sub- 
sequent numbers  of  the  national  magazine  come  up  to 
promises  of  Mr.  Lyon  in  the  preface  to  the  one  published, 
it  will  be  a  work  of  amusement  to  the  present  generation, 
and  of  utility  to  Posterity.     .     .     . 

Mother  wishes  ten  thousand  blessings  to  you,  and  the 
rest  of  the  familv  also  send  it  in  love.     .     .     . 


50  The  Life  and  Papers  of  Frederick  Bates. 

TO  RICHARD  BATES 

Detroit,  Deer.  24.  1799. 
Dear  Richard,, 

Looking  over  some  of  my  papers,  this  morning  I  put  my 
hands  on  your  letter  of  24th  July.  I  thought  it,  in  many 
respects,  a  brilliant  effusion,  and  shewed  it,  with  some 
vanity  to  an  acquaintance,  who  stepped  in  — 

Do  you  know,  that  his  observations  a  little  mortified 
me?  —  When  I  read  to  him  that  eloquent  passage,  relative 
to  the  exclusion  of  Clopton  by  Genl.  Marshall  —  he  said  — 
'The  beauty  of  his  expressions,  almost  compensate [s]  for 
his  errors  of  Judgment'  The  fact  is  that  nothing  demo- 
cratic will  go  down  with  us.  I  have  all  the  inclination  in  the 
world,  Dear  Richard,  to  pour  upon  you,  an  inundation  of 
arguments,  evincing  the  necessity  of  federalism,  but  I  have 
not  time. 

When  we  heard  that  Judge  McKean6  was  elected  to  the 
Government  of  Pennsylvania  in  opposition  to  Senator 
Ross7  —  Capt  Ernest  observed  to  me  'Your  friends  are 
successful'  'What  Sir,  you  don't  suppose  me  a  Sans 
Culotte  ? '  '  No  but  I  believe  your  brother  was  —  a  Demo 
A  young  fellow  in  this  Country  whose  principles  are  demo- 
cratic, could  scarcely  find  employment  as  a  Shoe  black.  I 
am  much  mistaken,  if  Tarlton  did  not  feel  his  situation  in 
Pittsburgh,  a  little  disagreeable  on  that  account.  —  I  have 
had  not  letters  from  you,  for  a  long  time.    .     .     . 

s  Thomas  McKean,  a  signer  of  the  Declaration  of  Independence,  author 
of  the  first  constitution  of  Delaware,  president  of  congress  in  1781,  chief 
justice  of  Pennsylvania  1777-1799,  governor  1799-1808. 

7  James  Ross,  United  States  senator  from  Pennsylvania,  1794-1803. 


The  Detroit  Period.  51 

RICHARD  BATES  TO  FREDERICK  BATES 

Goochld.  Clk's  Office  Wednesday  May  14th,  1800. 
Brother  Frederick, 

Though  I  write  to  you  but  seldom,  be  assured  my  regard 
for  you  is  in  nowise  lessoned.  — 

The  Belmont  family8  were  well  a  few  days  ago.  — 

The  involved  situation  of  our  father  gives  me  great  in- 
quietude, as  I  am  sure  it  must  you,  my  only  hope  is,  that 
his  family  will  bear  with  fortitude  the  inevitable  destiny 
which  awaits  them.  — 

I  received  a  letter  from  Tarlton9  a  few  weeks  ago,  I  am 
pleased  to  hear  he  had  received  the  appointment  of  Protho- 
notary  of  the  county  of  Allegheny,  which  he  says  will  con- 
tinue to  be  worth  about  $1000  per  annum ;  —  I  am  not  less 
pleased  to  hear,  that  the  friends  of  order  (as  they  style 
themselves)  with  whom  I  suppose  his  business  has  here- 
tofore mostly  been,  have  not  been  able  to  corrupt  his  poli- 
tics, for  speaking  of  his  late  appointment  he  says,  "Till 
now,  my  politics  have  injured  me,  in  this  instance,  they 
have  been  my  greatest  recommendation "  he  having  before 
said  he  held  his  office  during  the  pleasure  of  the  governor 
of  Pennsylvania  who  is  a  true  republican.  — 

James  Pleasants  jr10  and  Doctor  James  Carter  were  in 
april  last,  elected  members  from  this  county  to  the  legis- 
lature of  this  Commonwealth,  being  opposed  by  William 

s  The  Bates  family  at  Belmont. 

9  Tarleton  appears  to  have  been  the  correct  spelling. 

io  James  Pleasants,  Jr.  was  born  in  Goochland  County,  Virginia,  on 
October  24,  1769.  In  1796  he  was  elected  to  represent  Goochland  County 
in  the  house  of  delegates.  In  1811  he  was  elected  to  congress,  and  in 
1819  became  a  United  States  senator.  He  resigned  in  1822  and  was  elected 
governor  of  Virginia. 


52  The  Life  and  Papers  of  Frederick  Bates. 

Lee  one  of  our  former  representatives,  and  Fleming  Payne. 
It  is  surprising  to  me  how  the  Doctor  has  gained  and  con- 
tinues to  maintain  his  popularity,  he  declared  himself  a 
candidate  only  two  days  before  the  election,  and  was  elected 
by  the  almost  unanimous  voice  of  the  freeholders  pres- 
ent. —  I  suppose  you  have  ere  this  seen  or  heard  of  the 
mode  adopted  by  the  assembly  of  this  state  for  the  election 
of  electors  of  President  &  Vice  President  of  the  United 
States,  I  think  this  new  mode  far  preferable  to  the  old  one, 
as  by  it  the  electors  &  each  of  them  will  be  the  choice  of  a 
majority  of  all  the  freeholders  in  the  state  for  every  free- 
holder is  to  vote  for  an  elector  in  each  district  in  the  state 
by  ticket,  that  is,  he  is  to  write  on  a  piece  of  paper  the 
names  of  21  persons  residing  in  different  districts  (the 
number  of  districts  being  21)  and  on  the  back  of  the  paper 
his  own  name,  whereas  by  the  former  mode  the  free  holders 
were  confined  to  vote  for  one  person  only  and  him  a  resi- 
dent in  their  own  district,  which  is  utterly  inconsistent  with 
republican  principles,  and  by  wch  a  person  who  is  popular 
in  3  or  4  counties,  might  be  &  has  frequently  been  elected, 
whom  a  majority  of  the  freeholders  in  the  state  would 
have  rejected.  — 

Your  favor  of  December  the  24th  '99  1  received  on  sun- 
day  last,  it  contains  marvelous  things,  you  say,  you  have 
all  the  inclination  in  the  world  to  pour  upon  me  an  inunda- 
tion of  arguments  evincing  the  necessity  of  federalism,  I 
cannot  think  you  speak  your  real  sentiment,  I  cannot  think 
your  politics  are  radically  changed,  but  only  dissembled 
for  your  own  convenience  while  among  those  miscreants 
of  Detroit,  those  instruments  of  popular  degradation,  those 
'maggots  of  political  corruption '  and  that  when  you  return 
to  your  native  state,  the  salutary  doctrine  of  Virginia's 


The  Detroit  Period.  53 

Patriots  will  rekindle  your  languishing  flame  for  repub- 
licanism and  rouse  your  indignation  against  encroach- 
ments on  the  liberty  of  the  press,  a  standing  army,  [and 
a  pub] lie  debt. 

If  we  do  disagree  in  Politics,  let  our  friendship  remain 
entire. 


WILLIAM  MILLER  TO  WHOM  IT  MAY  CONCERN 

Goochland  County  4th  July  1800. 

I  do  certify  that  Mr.  Frederick  Bates  did  live  with  me 
nearly  three  years  as  an  assistant  and  deputy  Clerk  of  the 
Court  of  this  County,  and  apart  of  the  time  had  the  entire 
management  of  my  office,  in  which  he  conducted  himself  to 
my  satisfaction.  He  is  a  person  of  integrity,  sobriety  and 
attention,  his  talents  I  think  are  equalled  by  few,  and  his 
diligence  and  attention  surpassed  by  none  that  ever  came 
under  my  observation,  and  I  think  myself  justified  in  rec- 
ommending him  to  the  favorable  notice  of  any  who  may 
wish  to  employ  a  Clerk. 


THE  GENTLEMEN  OF  THE  BAR  AND  MAGIS- 
TRATES TO  WHOM  IT  MAY  CONCERN 

Goochland  County,  18th  November  1800. 

Frederick  Bates  was  raised  in  this  County,  and  after 
obtaining  his  education,  was  placed  in  the  Office  of  William 
Miller  Esqr.  Clerk  of  said  Court,  where  we  were  witnesses 
to  the  pleasing  attention,  sobriety,  integrity  &  capacity  he 
evinced  to  the  world,  and  recommend  him  as  a  person 
meriting  confidential  employment. 


54  The  Life  and  Papers  of  Frederick  Bates. 

THOMAS  FLEMING  BATES  TO  FREDERICK  BATES 

Virginia,  Belmont  30th.  Novem.  1800. 
My  Dear  Frederick, 

Your  pleasing  favor  of  29th  Sep.  only  reach 'd  me  the 
12th  Inst,  and  am  glad  to  find  that  an  inclination  to  read 
law  at  your  leisure  hours,  has  become  prevalent,  because, 
if  not  practised  as  a  Science,  a  knowledge  of  State  laws, 
as  well  as  those  of  Nature  &  Nations,  are  ornamental,  and 
lead  to  promotion. 

Though  the  prospect  of  Mr  Jefferson's  election  to  the 
Presidency  is  at  this  time  less  flattering  than  heretofore, 
I  have  not  lost  sight  of  the  object;  and  now  inclose  Copies 
of  two  papers  for  your  perusal,  —  neither  of  which  are 
quite  to  my  mind.  I  wish'd  to  have  more  said  on  the  occa- 
sion, but  delicacy  forbid  an  interference  on  my  part. 

Since  my  last  Fleming  has  been  elected  Clerk  of  North- 
umberland Court.  On  the  death  of  Catesby  Jones  late 
CPk,  there  were  eight  Candidates,  but  he  having  had  the 
direction  of  the  Office  a  few  Months,  was  so  fortunate  as 
to  obtain  a  preference  to  an  elegant  Station  on  the  Bay, 
in  an  opulent  healthy  Country,  worth  about  £450.  P 
Ann.  —  Should  his  future  Conduct  equal  his  abilities,  his 
fortune  is  made !  —  This  fall  had  been  productive  of  much 
sickness  here;  many  have  paid  the  debt  of  nature,  among 
whom  was  George  Woodson,  leaving  only  his  two  last,  out 
of  eight  children  who  survived  him. 


TO  TARLETON  BATES 

Detroit  Jany  14th  1802 
My  dear  brother, 

It  would  be  impossible  for  me  to  describe  the  consterna- 


The  Detroit  Period.  55 

tion,  which  seized  the  Gentlemen  of  the  army,  on  the  arrival 
(yesterday)    of  the  President's   Speech.11 

His  contemplated  reforms,  will  send  many  of  us,  to  the 
grubbing  Hoe  and  the  broad  Axe.  —  They  are  however,  in 
my  mind,  a  farther  evidence  of  the  enlightened  under- 
standing of  Mr  Jefferson. 

They  will  have  a  tendency  to  dash  the  pride  of  office,  and 
to  equallize  the  great  body  of  the  People,  who  will  bless 
the  Patriot  for  liberating  industry  from  unnecessary 
restraints.  — 

I  have  been  singing  20  Peans  to  the  Genius  of  Democ- 
racy, and  would,  with  cheerfulness,  kiss  the  hand  that 
deprived  me  of  bread :  For  partial  evil,  is,  I  am  persuaded, 
in  this  instance,  universal  good.     .     .     . 


STATEMENT    OF    WILLIAM    M.    SCOTT,    GEORGE 

WALLACE,  AND  JAMES  McDONNELL 

TO  WHOM  IT  MAY  CONCERN 

In  the  East,  a  place  of  Light,  where  reign,  Reason,  Silence, 
and  Peace  — 

We  the  Master  Wardens,  and  Secretary  of  Zion  Lodge 
No.  10,  ancient  York  Masons,  on  the  Registry  of  the  Grand 
Lodge  of  lower  Canada,  adorned  with  all  their  honours, 
and  assembled  Lodge  in  due  form  do  hereby  declare  and 
attest  to  all  those  enlightened  by  the  truth,  and  spread 
over  the  face  of  the  Earth,  that  the  Bearer  hereof  Fred- 
erick Bates  J.  W.  is  a  regularly  registered  Master  Mason, 
and  has,  during  his  stay  amongst  us,  behaved  himself  as 
an  honest  worthy  Brother,  and  he  may,  without  demur  or 

ii  This  refers  to  Jefferson's  first  annual  message  of  December  8,  1801. 
See  Jefferson,  Writings  (P.  L.  Ford,  ed.),  IX,  321-342. 


56  The  Life  and  Papers  of  Frederick  Bates. 

hesitation,  be  admitted  or  incorporated  into  any  lawful, 
warranted  body  of  Masons,  wheresoever  met,  congregated 
or  convened,  he  having,  to  the  utmost  of  his  power,  sup- 
ported, —  and  contributed  to  the  advancement  and  interest 
of  Masonry  with  Zeal  and  Vigour.    Nevarietur. 

Given  under  our  hands  and  the  seal  of  our  Lodge,  in  the 
Lodge-Room  at  Detroit  the  Seventh  day  of  June  1802  —  In 
the  Year  of  Masonry  5802  — 


MATTHEW  ERNEST  TO  LEWIS  FARQUHARSON 
AND  COMPANY 

£<     tn  Deteoit  June  20.  1802 

From  a  particular  acquaintance  with  your  Mr.  Shep- 
herd &  the  offers  of  Credit  made  me  by  him,  I  have  taken 
the  Liberty  of  giving  my  friend  Mr  Bates  an  order  on  you 
for  such  dry  Goods,  Groceries,  etc.  as  he  may  require.  Mr. 
Bates  is  just  commencing  business,  under  such  advantages 
that  their  is  no  doubt  of  his  Succeeding,  &  as  he  is  a  new 
beginner  I  hope  you  will  give  him  as  long  credit  as  pos- 
sible—  I  am  pursuaded  his  remittances  will  equal  your 
expectations 

If  any  further  security  is  required  you  will  be  pleased  to 
advise  me  &  it  shall  be  forwarded  to  you.  — 


GIDEON  GRANGER  TO  FREDERICK  BATES 

General  Post-Office 
gIR  Washington  City,  July  1  1803. 

This  serves  to  acknowledge  the  receipt  of  your  accounts 
for  the  quarter  ending  December  31,  1802 


The  Detroit  Period.  57 

If,  on  examination,  any  errors  are  discovered,  you  will 
be  duly  notified. 


TO  CHARLES  FLEMING  BATES12 

Detroit,  Sept.  26th,  1803. 
Dear  Brother  : 

We  have  reason  to  hope  that  our  corner  in  the  Indian  [a] 
Territory  will,  during  the  next  session  of  Congress,  be 
laid  off  into  a  separate  territorial  Government. 

I  am  desirous  of  obtaining  the  office  of  Secretary.  Per- 
haps you  have  some  influence  which  you  will  exert  in  my 
behalf.  You  may  possibly  be  acquainted  with  some  mem- 
ber of  Congress  (some  illustrious  Demigod  or  other, 
whose  breath  creates  and  destroys)  who  might  be  per- 
suaded to  tell  the  Government  that  I  am  very  deserving 
of  this  advancement. 

As  for  my  Politics  —  you  all  know  that  I  am  staunch. 
And  as  for  talents  —  all  our  friends  must  acknowledge 
that  I  have  them  in  abundance  fo*  the  discharge  of  such 
kinds  of  duties. 

But  to  be  serious  —  I  am  actually  soliciting  this  office 
and  should  be  much  obliged  to  you  for  your  assistance. 

You  will  think  it  a  little  extraordinary  that  I  should  only 
write  to  you  to  ask  favors,  but  you  know  you  never  liked 
letters  of  unmeaning  compliment,  and  I  daresay  you  are 
satisfied  of  my  affection,  without  continual  assurance  of 
this  fact.    Write  me  about  the  Sec'tyship. 


12  This  letter  is  quoted  from  Onward  Bates,  Bates,  et  al.  of  Virginia 
and  Missouri,  56. 


58  The  Life  and  Papers  of  Frederick  Bates. 

GIDEON  GRANGER  TO  FREDERICK  BATES 

General  Post-Office, 

Washington  City,  November  11  —  1803 
Sir, 

Notwithstanding  you  have  long  since  been  appointed 
Post-master  at  Detroit.  I.  T.  yet  it  does  not  appear  that 
you  have  transmitted  to  this  office  your  bond  and  oath  for 
the  faithful  discharge  of  your  trust,  agreeable  to  the  rules 
of  this  department. 

I  therefore  enclose  you  a  bond  and  oath,  which  you  will 
be  pleased,  without  delay,  to  execute  and  forward  to  this 
office ;  on  the  receipt  of  which  your  commission  will  be  duly 
forwarded. 


ABRAHAM  BRADLEY,  JR.  TO  FREDERICK  BATES 

General  Post  Office, 

Jany.  10,  1804. 
Sir: 

Your  letter  of  the  9th  ulto.  came  to  hand  last  evening 
with  the  enclosures.  Your  former  bond  without  doubt 
came  to  hand,  or  a  commission  would  not  have  been  for- 
warded, but  has  been  mislaid. 

Your  accounts  for  the  quarter  ending  Septem.  30th  were 
received  with  fifty  dollars,  were  received  on  the  15  Nov. 
the  last  is  to  your  credit  in  our  books,  it  is  probable  that 
the  receipt  has  been  forwarded  addressed  to  Detroit,  N.  Y. 
which  has  occasioned  its  miscarriage. 


The  Detroit  Period.  59 

ALBERT  GALLATIN  TO  FREDERICK  BATES 

Treasury  Department, 

0  October  13th,  1804. 

Sir: 

Enclosed  I  transmit  to  you  a  commission  from  the  Presi- 
dent of  the  United  States  appointing  you  to  be  Receiver  of 
public  monies  at  Detroit;  and  request  that  you  will  imme- 
diately qualify  yourself  by  taking  an  oath  to  support  the 
Constitution  of  the  United  States,  with  a  bond,  executed 
by  yourself  and  one  or  more  good  sureties,  in  the  sum  of 
ten  thousand  dollars.  A  form  of  the  bond  is  enclosed. 
Your  Salary  as  receiver  will  commence  from  the  day  on 
which  you  shall  qualify  yourself.  For  one  half  of  your 
compensation  as  Commissioner,  amounting  to  two  hundred 
and  fifty  dollars  you  may  draw  on  me  as  soon  as  you  shall 
have  been  qualified,  and  for  the  other  half  whenever  the 
business  of  the  Board  shall  have  been  completed;  and  you 
may  likewise,  until  the  sales  of  public  Lands  shall  place 
funds  in  your  hands,  draw  quarterly  for  your  salary  as 
Receiver ;  observing  to  advise  me  regularly  of  your  drafts. 

In  relation  to  your  duties  as  Commissioner,  I  beg  leave 
to  refer  you  to  the  law  under  which  you  have  been  ap- 
pointed, and  to  the  letters  which  I  have  written  on  that 
subject  to  the  Register,  who  will  be  pleased  to  communicate 
the  same  to  you. 

Forms  and  instructions  relative  to  your  duties  as  Re- 
ceiver shall  be  hereafter  transmitted. 


TO  ALBERT  GALLATIN 

Dec.  3d  1804 
I  was  yesterday  honored  with  your  letter  of  13  Oct  en- 
closing a  commission  from  the  President  as  Receiver  of  P. 


60  The  Life  and  Papers  of  Frederick  Bates. 

Monies  at  this  place.  —  My  qualifications  are  herewith 
transmitted.  —  With  respect  to  the  Sureties,  I  would  beg 
leave  to  observe,  that  should  they  be  deemed  insufficient 
it  will  be  in  my  power  to  procure  additional  ones.  —  Mr 
Curry's  circumstances  are  probably  known  to  you  —  He  is 
said  to  be  wealthy. 

I  sincerely  thank  the  President  &  you  for  the  trusts  wch 
you  have  reposed,  and  desire  you  to  be  persuaded,  that 
independently  of  those  legal  compulsions  under  [which] 
I  act,  —  I  shall  on  all  occasions  feel  it  my  highest  honor  to 
execute  your  orders  with  faithfulness.  — 

Yr  instructions  of  15  Oct  with  regard  to  the  monies  which 
Mr  Audrain13  late  Collector  of  the  Eevenue  has  been  di- 
rected to  pay  to  me  shall  be  strictly  observed. 


BOND  OF  FREDERICK  BATES 

Know  all  men  that  we  F.  Bates  and  Charles  Curry  and 
Robt  Conn  are  held  &  firmly  bound  unto  the  United  States 
of  America  in  the  full  and  just  sum  of  ten  thousand  dollars 
money  of  the  United  States  to  which  payment  well  &  truly 
to  be  made  we  bind  ourselves  severally  and  jointly  our 
joint  &  several  Heirs,  executors  and  administrators  firmly 
by  these  presents  Sealed  with  our  seals  &  dated  the  3d  day 
of  December  1804.  — 

The  condition  of  the  foregoing  obligation  is  such  that 
whereas  the  President  of  the  United  States  hath  pursuant 
to  law  appointed  the  sd  F  Bates  to  the  office  of  Receiver  of 
public  Monies  for  lands  at  Detroit.    Now  therefore  if  the 

is  Peter  Audrain. 


The  Detroit  Period.  61 

sd  F.  Bates  shall  faithfully  execute  &  discharge  the  duties 
of  his  office  then  the  above  obligation  to  be  void  &  of  none 
effect  otherwise  it  does  abide  &  remain  in  full  force  & 
virtue 

Signed 

Fred  Bates 
Sealed  &  delivered  in  presence  of  Charles  Curry 

Jas  McDonnell  Robt  Conn 

Go  Hoffman 


OATHS  OF  FREDERICK  BATES 

I  F.  Bates  do  swear  that  I  will  support  the  constitution 
of  the  United  States  so  help  me  God 

I  do  further  swear  that  I  will  faithfully  and  impartially 
discharge  the  duties  of  '  Receiver  of  public  monies  for 
Lands  of  the  U  S  at  Detroit'  according  to  the  best  of  my 
skill  &  understanding  so  help  me  God 

I  further  solemnly  swear  that  I  will  impartially  exercise 
&  discharge  the  duties  imposed  upon  me  as  comr.  for  exam- 
ining the  claims  to  lands  by  an  act  of  Congress  entitled 
1  An  act  making  provision  for  the  disposal  of  public  lands 
in  the  Indiana  Territory  &  for  other  purposes'  So  help  me 
God 

F.  Bates 
Indiana  Terry 

Wayne  Co 

I  Jno  Dodemead  one  of  the  Justices  of  the  Court  of  Com 
Pleas  in  &  for  sd  county  do  hereby  certfy  that  F  Bates 
personally  appeared  before  me  &  took  &  subscribed  the 
foregoing  oaths 

Given  under  my  hand  &  seal  3d  Deer  1804  — 


62  The  Life  and  Papers  of  Frederick  Bates. 

JAMES  WOODSON  BATES  TO  FREDERICK  BATES 

New  Haven  Deer.  23rd.  1804 
Dr  Brother 

I  see  by  the  papers  that  you  have  been  appointed  to  some 
Office  by  the  President ;  it  gave  me  satisfaction  in  this  sense 
that  you  would  now  come  forth  a  decided  Democrat,  for 
from  my  Soul  I  detest  every  thing  that  has  any  afinity  to 
federalism,  not  that  I  supposed  the  emoluments  of  a  trifling 
Office  would  be  any  inducement  to  you  to  swerve  from  prin- 
ciples which  you  really  believed  in,  but  I  have  ever  sup- 
posed the  President  culpable  in  appointing  or  suffering 
men  to  remain  [in]  office  who  are  avowed  friends  to  the 
federal  party,  a  party  who  have  repeitedly  shewn  their 
want  of  political  integrity;  and  according  to  my  ideas  of 
virtue  our  present  Presdt.  is  almost  a  demi-God,  I  conse- 
quently imagined  he  would  not  have  appointed  you,  had  he 
not  been  satisfied  that  you  were  a  friend  to  the  Liberty  of 
your  Country.  Often  has  the  thought  that  you  were  a 
Federalist  arose  to  my  mind  but  I  have  ever  discarded  it  as 
derogatary  to  your  honor.  I  can  write  no  more,  I  have 
not  time  to  transcribe  &  my  hands  are  benumbed. 


ALBERT  GALLATIN  TO  FREDERICK  BATES 

Treasury  Department, 
December  28th,  1804. 
Sir: 

The  Commission  formerly  transmitted  to  you  having 
been  issued  during  the  recess  of  the  Senate,  I  now  enclose 
to  you  another,  by  which  you  will  observe  that  the  Presi- 


The  Detroit  Period.  63 

dent  has,  by  and  with  the  advice  and  consent  of  the  Senate, 
appointed  you  to  be  Receiver  of  Public  Monies,  for  Lands 
of  the  United  States,  at  Detroit. 

I  have  therefore  to  request  that  you  will,  on  the  receipt 
of  this  Commission,  execute  a  new  bond,  with  one  or  more 
good  Sureties,  agreeably  to  the  form  heretofore  prescribed, 
and  transmit  the  same  to  my  Office. 


JAMES  MADISON  TO  FREDERICK  BATES 

Department  of  State 
March  22d  1805. 
Sir, 

The  President  of  the  United  States  being  desirous  of 
availing  the  public  of  your  services  as  a  Judge  of  the  Ter- 
ritory of  Michigan,  I  have  the  pleasure  to  inclose  your 
Commission. 


ALBERT  GALLATIN  TO  FREDERICK  BATES 

Treasury  Department 
April  4th,  1805. 
Sir: 

A  doubt  has  arisen  on  the  construction  of  the  11th  Sec- 
tion of  the  Act  of  26th  March  1804  as  applicable  to  partial 
payments.  Such  payments  having  been  admitted,  the  more 
liberal  construction  will,  in  my  opinion,  unite  public  & 
Private  benefit  to  the  advantages  of  uniformity. 

Whenever  therefore,  a  partial  payment,  made  on  account 
of  an  Instalment,  before  such  Instalment  becomes  due,  shall 
hereafter  be  made,  the  interest  must  be   released  from 


/ 


64  The  Life  and  Papers  of  Frederick  Bates. 

such  partial  payment,  though  the  balance  should  not  be 
paid  until  after  the  Instalment  becomes  due.  You  will  be 
pleased  to  communicate  this  letter  to  the  Eegister. 

Ex.  The  second  Instalment  of  a  purchase  of 
320  Acres,  made  on  1st  January  1806,  be- 
comes due  on  1st  Jany  1808 Drs.  160.  — 

On  1st  Jany.  1807  payment  is  made  of 

only  55.20 

discount  allowed  for  one  year  at  8 

pr.  ct 4.80 

Which  payment  will  extinguish Drs.    60 

Balance  of  principal  due Drs.  100  — 

Supposing  the  payment  to  be  completed  on  1st 
July  1808,  add  interest  on  balance  from 
the  date  of  purchase 

2  years  6  months  at  6  pr.  ct Drs.     15.  — 


Balance  to  be  paid  on  1st  July  1808 Drs.  115. 


TO  ALBERT  GALLATIN 

April  17  [1805] 

I  was  honored  yesterday  by  Mail  with  your  letter  of  28 
Dec  last,  —  enclosing  a  commission  as  *  Receiver'  under  an 
appointment  to  that  office  by  the  President  of  the  U  States, 
by  &  with  the  advice  and  consent  of  the  Senate  — 

The  Bond  which  you  instruct  me  to  execute  is  herewith 
transmitted.  — 


The  Detroit  Period.  65 

By  same  conveyance  I  also  received  your  letter  of  18 
Jany  last  covering  instructions  to  the  Receiver  at  Zanes- 
ville  to  which  you  alluded  in  your's  of  the  15th  of  that 
month  — 

Mr.  Audrain  has  acted  as  Clerk  of  the  Commissioners  — 
He  tells  me  that  his  pay  for  those  services,  he  has  always 
intended  to  appropriate  to  the  discharge  of  the  balance 
due  the  U.  S.  on  acct  of  the  internal  Eevenues  —  Mr. 
Hoffman  as  well  as  myself  conceives  it  proper  to  inform 
you  that  we  completed  the  decisions  on  the  Claims  for  lands 
early  in  March  —  We  beg  you  to  be  assured  that  every 
care  &  attention  have  been  bestowed.  .  .  .  The  Reports 
will  be  forwarded  in  June  next. 


TO  TARLETON  BATES 

May  22d  [1805] 

I  often  trouble  you  on  disagreeable  subjects  —  Bear 
with  me  for  this  time  only,  and  I  will  endeavour,  in  future 
to  give  to  my  communications  a  more  entertaining  impres- 
sion —  On  the  morning  of  C.  J.  V4  arrival  I  did  not  meet 
him  on  the  wharf,  as  many  others  did,  but  in  the  afternoon 
waited  on  him  at  Dodemeads.15  He  was  drinking  wine 
with  his  travelling  friends  Diceu,  Hanks16  and  young 
Gansavoort,17  and  appeared  as  I  thought  wounded  at  the 
backwardness  of  the  town  in  congratulating  him  on  his  re- 

14  Charles  Jouett,  Indian  agent  at  Detroit. 

is  Judge  John  Dodemead. 

10  Probably  Porter  Hanks  who  became  a  2nd  lieutenant  of  artillery 
in  1805,  and  was  killed  at  Detroit  on  August  16,  1812. 

«  Probably  John  Gansevoort  who  became  a  2nd  lieutenant  of  artillery 
on  March  6,  1806. 


66  The  Life  and  Papers  of  Frederick  Bates. 

turn.  After  sitting  half  an  hour  I  took  my  leave  —  He 
followed  me  to  the  door  &  desired  I  would  wait  till  he  got 
his  hat  —  We  walked  on  the  wharf  —  when  as  soon  as  we 
were  alone  he  turned  abruptly  to  me — 'Bates'  says  he, 
in  a  hurried  emphatic  manner,  i  'twas  I  who  obtained  for 
you  the  office  of  Judge'  —  'You  Mr.  Jouett?  —  I  am  very 
thankful  to  you,  but  I  have  had  very  good  reason  to  sup- 
pose that  I  am  indebted  for  it  to  the  friendly  solicita- 
tions of  my  brothers  connexions  —  The  Baldwins'  —  He 
scarcely  knew  what  to  reply.  —  He  said  something  in  an 
embarrassed  manner  and  proceeded  to  observe  'It  is  your 
brother's  opinion  that  you  &  myself  will  find  it  mutually 
our  interest  to  support  each  other'  'I  have  not'  said  I 
'been  on  very  intimate  terms  with  Wilkinson  &  the  Dode- 
mead-Family  for  some  time  past,  and  our  misunderstand- 
ings are  in  part  attributable  to  you  —  You  have  not  found 
Ernest  openly  assailable  and  you  have  clandestinely  caused 
him  to  be  ousted  —  You  have  written  these  &  many  other 
things  which  Wilkinson  has  had  the  impudence  to  di- 
vulge'—  He  denied  any  interference  &  cursed  W  for  a 
Blockhead.  I  told  him  that  I  would  vindicate  Ernest  no 
longer  than  his  conduct  was  defensible  —  but  that  his  ac- 
cusers would  probably  have  to  answer  for  their  own  mis- 
conduct if  they  had  been  guilty  of  any.  —  I  saw  him  the 
next  morning  in  my  office  —  No,  said  he,  I  did  not  get  the 
office  of  Judge  for  you  but  I  am  very  glad  you  have  got 
it,  by  God.  He  now  accused  me  —  'Wilkinson'18  observed 
he  'tells  me  that  you  have  offered  to  bet  that  I  would  not 
be  Governor  of  Michigan'  —  'Well  &  should  I  not  have 
won  the  wager?'  —  'Aye  but  it  argued  unfriendly  disposi- 
tions'—  'Draw  your  own  inferrences  —  but  I  would  have 

is  Probably  General  James  Wilkinson. 


The  Detroit  Period.  67 

betted  against  Henry  Baldwin  to  whom  I  shall  always  be 
proud  of  acknowledging  my  obligations'  —  He  only  ob- 
served 'I  should  have  been  Governor  by  the  immortal  God 
if  I  had  not  been  Mr  Jefferson's  neighbour  But  Hull  lives 
on  a  parallel  of  latitude!!!'  —  I  dare  say  he  thinks  there  is 
but  one  parrallel  of  latitude  in  the  U.  States  Jouett  shrinks 
with  apprehension  from  his  own  shadow  —  He  dreads  an 
investigation,  and  is  very  sensible  that  he  deserves  the 
friendship  of  nobody  for  he  is  nobody's  friend.  —  In  order 
to  clear  himself  from  Ernest's  recriminations  he  declares 
to  me  he  never  wished  or  attempted  to  get  his  office  from 
Wilkinson  —  &  that  he  promised  his  brother  in  law  what  he 
never  had  an  intention  to  perform  —  I  trouble  you  with 
impertinences  farewell. 


TO  JAMES  MADISON 

May  28.  1805. 
Sir, 

I  had  yesterday  the  honor  of  receiving  your  letter  of 
[22]  day  of  [March]  covering  a  commission  as  Judge  of 
Michigan  territory,  and  am  greatly  flattered  by  the  high 
confidence  which  the  President,  with  consent  of  Senate 
has  been  pleased  to  repose  in  me  —  Permit  me  [to]  thank 
you  personally  for  the  obliging  terms,  in  which  you  have 
chosen  to  make  this  communication.  — 

I  fear  that  my  abilities  have  been  too  favorably  esti- 
mated, yet  I  entreat  you  to  be  persuaded,  that  for  my  many 
&  serious  deficiencies,  I  will  endeavour,  in  some  degree  to 
compensate,  by  an  unwearied  study  of  my  duties,  and  a 
cautious  circumspection  in  their  discharge. 


68  The  Life  and  Papers  of  Frederick  Bates. 

TO  ALBERT  GALLATIN 

glE  Detroit,  May  28,  1805. 

Perhaps  it  is  my  duty  to  acquaint  you  that  I  have  this 
day  accepted  the  commission  of  a  Judge  of  Michigan  Terri- 
tory. 

I  hope  this  office  may  not  be  thought  incompatible  with 
that  of  Eeceiver,  which  I  have  the  honor  of  holding  in  your 
department. 

If  the  principle  is  not  already  settled  by  the  laws  it  may 
be  by  usage,  and  I  know  at  any  rate,  that  it  is  in  your 
power,  at  all  times,  to  establish  it,  as  far  as  respects  the 
subordinate  officers  of  the  Treasury.  I  have  thought,  that 
in  territorial,  executive  governments,  an  union  of  similar 
offices  in  the  same  person,  would  probably  be  esteemed  less 
exceptionable  than  in  some  other  cases. 

Our  enquiry  as  commissioners,  since  the  passing  of  the 
late  act,  is  very  considerably  extended  —  and  if  it  is  dis- 
cretionary with  yourself,  I  can  only  say,  that  I  should  feel 
grateful  to  you  for  an  opportunity  of  assisting  in  the  com- 
pletion of  a  business,  as  yet  but  half  performed. 


TO  GIDEON  GRANGERS] 

[n.  d.  Probable  date  June,  1805] 
Sir, 

I  have  heretofore  discharged  the  duties  of  a  Depy  P. 
Master  at  this  place  with  all  the  care  &  faithfulness  of 
which  I  am  capable  —  But  in  future,  owing  to  a  variety  of 
other  business  it  might  not  be  possible  to  give  that  atten- 
tion to  the  office  which  its  importance  demands  —  You  will 
therefore  particularly  oblige  me,  by  appointing  some  per- 


The  Detroit  Period.  69 

son  in  my  stead  as  soon  after  30  June  as  may  be  conveni- 
ent to  you  — 

If  you  have  not  other  views  I  would  beg  leave  to  men- 
tion to  you  Geo  Hoffman  Esq,19  who  is  a  man  of  business 
generally  &  particularly  conversant  with  that  of  the  Post 
Office. 


PROBABLY  FROM  GEORGE  HOFFMAN  AND 
FREDERICK  BATES  TO  ALBERT  GALLATIN 

glR  [n.  d.  Probably  1805.] 

We  deem  it  our  duty  to  make  you  acquainted  with  the 
measures  which  the  People  of  this  district  have  lately 
adopted  to  procure  if  possible  an  amelioration  of  so  much 
of  the  late  Land-Law  as  respects  the  adjacent  settle- 
ments. — 

Their  Agent  who  is  to  pass  the  winter  in  Washington 
will  have  the  honor  of  delg  this  Letter  —  and  the  personal 
interest  which  he  must  feel  in  the  confirmation  of  the  claims 
of  his  constituents  will  cause  him  to  perform  with  zeal  and 
perseverance  the  duties  which  they  have  assigned  him. 
That  there  are  but  few  legal  claims  is  a  fact  conceded  by 
themselves,  and  not  a  determination  of  ours  as  Commis- 
sioners—  for  the  Testimony  is  not  yet  before  us  —  They 
will  rely  on  those  Arguments  which  the  policy,  equity,  and 
expediency  of  an  amendment  of  the  Law  are  supposed  to 
furnish  —  &  address  themselves,  not  we  presume,  to  the 
Justice  of  the  Congress,  but  to  its  bounty  —  They  will  not 
dispute  its  right  to  raise  a  Revenue  from  the  sales  of  Lands 
notoriously  its  own  but  they  will  plead  their  inability  to 
become  the  purchasers.  —  It  has  been  asserted  that  the 

is  Bates'  associate  as  land  commissioner  at  Detroit. 


70  The  Life  and  Papers  of  Frederick  Bates. 

Lands  were  of  little  value  —  not  more  than  $1.00  the  acre  — 
but  those  who  better  understand  Agriculture,  —  who  have 
no  interest  in  the  deception,  and  in  the  event  of  a  sale  will 
probably  buy  even  at  the  rate  of  7.50  will  know  that  a  single 
harvest  would  pay  the  amount  of  their  depreciated  esti- 
mate. —  A  mercht  of  Albany  who  has  also  an  establishment 
in  Detroit  lately  declared  to  us  that  he  should  esteem 
himself  fortunate  in  getting  one  particular  farm  at  the 
price  of  $20,000  —  alluding  we  suppose  to  Gros  Isle  or  Hog 
Island. 

If  the  People  by  a  candid  representation  of  their  real 
situations,  could  induce  the  government,  to  confirm  their 
claims  to  lands,  of  wch  they  have  heretofore  had  but  the 
naked  possession  we  should  be  the  last  to  divert  it  from 
its  generous  purpose.  —  But  when  that  representation  is 
insincere  we  have  imagined  it  our  duty,  to  give  you  an 
unprejudiced  statement  of  facts.  —  Many  of  the  Farms  we 
are  confidently  assured  are  mortgaged  for  the  payment  of 
debts  of  an  old  standing,  —  so  that  British  merchants 
rather  than  the  occupants  themselves  feel  the  most  imme- 
diate interest  in  the  continuance  of  the  present  order  of 
things  and  that  interest  arising  partly  no  doubt  from  their 
own  claims  has  been  manifested  by  the  liberality  with  which 
they  have  contributed  towards  the  Agents  compensation. 
The  Agent,  on  his  arrival  at  Washington,  will  we  conjecture 
assume  such  ground,  as  circumstances  may  lead  him  to 
suppose  most  tenable  —  Yet  we  hope  that  no  momentary 
impulse  of  indignation  will  cause  him  thoughtlessly  to 
repeat  an  argument  which  he  has  employed  so  frequently 
with  much  emphasis  among  his  constituents :  —  That 
should  the  demands  of  the  People  be  rejected  by  the  gov- 
ernment, they  would  probably  commence  a  predatory  war 


The  Detroit  Period.  71 

on  the  frontier  settlements  in  coalition  with  those  various 
tribes  of  Indians,  with  whom  their  interests  are  so  insep- 
arably interwoven.  He  cannot  we  think  seriously  suppose 
that  the  US  will  concede  that  to  his  prophetic  fears  which 
they  deny  to  his  entreaties.  — 

It  is  contended  that  General  Wayne,  at  the  treaty  of 
Greenville  solemnly  pledged  himself  for  the  confirmation 
of  those  individual  claims  acquired  from  the  Indians  in  the 
course  of  trade  —  and  particularly  that  the  cultivators  of 
the  soil  on  R.  Raison  &  elsewhere  who  had  made  their 
settlements  under  an  Indian  Grant  should  remain  undis- 
turbed in  their  respective  possessions.  —  Without  appear- 
ing sensible  of  the  futility  of  such  reasoning,  they  alledge 
that  these  stipulations  of  such  primary  importance,  the 
General  neglected  to  incorporate  into  the  Treaty,  and  an 
odium  is  attempted  to  be  cast  on  his  memory  for  having 
deceived  those  on  whom  deception  was  so  easily  practised 
on  account  of  their  unacquaintance  with  this  language. 

But  Sir,  the  conversations  at  Greenville  have  been 
greatly  misrepresented.  From  the  informations  which  we 
have  been  able  to  collect  on  the  subject,  from  persons  of 
supposed  truth,  &  long  residence  among  the  Indians  them- 
selves, such  assurances  (even  had  the  powers  been  dele- 
gated) were  never  given.  — 

The  General  held,  we  are  assured,  a  conciliatory  lan- 
guage &  in  the  first  emotions  of  pacified  hostility,  in  all 
likelihood  did  promise  to  ask  of  his  government  those 
indulgences  wch  as  a  Commissioner  he  was  not  authorized 
to  extend.  It  is  however  with  reluctance,  that  we  remark 
on  a  transaction,  with  which  you  are  doubtless,  accurately 
acquainted,  &  with  respect  to  which  we  may  possibly  be  in 
error  — 


72  The  Life  and  Papers  of  Frederick  Bates. 

Relying  on  the  promises  of  General  Wayne,  the  People, 
as  they  tell  the  story,  rejected  the  generous  offers  of  Lands 
wch.  the  B.G.  some  years  ago  made  them  in  the  Province 
of  Upper  Canada  —  and  now  imagine  that  the  US  ought 
not  to  treat  them  with  less  liberality  than  a  nation  between 
whom  &  themselves  the  reciprocal  rights  &  duties  of  alle- 
giance &  protection  had  ceased.  And  even  now  those  who 
possess  the  confidence  of  the  People  with  a  design  probably 
to  controul  in  some  little  degree  the  decisions  of  the  Com- 
missioners have  uttered  in  the  nature  of  a  threat  to  the 
Register  himself  their  determination  to  avail  themselves 
of  those  offers  wch.  they  say  are  still  held  out  to  them  by 
the  government  of  U.  Canada  —  Tho '  we  strongly  suspect 
that  this  is  a  tale  merely  devised  to  induce  the  US  rather 
than  lose  them  as  Citizens  to  beg  their  acceptance  of  what 
they  will  pay  for,  with  such  infinite  reluctance.  We  have 
been  surprised  to  find  so  many  People  relying  on  the 
validity  of  Ind  deeds.  It  is  very  generally  known  that  the 
Proclamation  of  the  King  of  G  B  of  1763  forbad  an 
extinguishment  of  the  native  right  by  individuals  —  and 
if  this  had  not  been  the  case  —  even  if  the  practice  had 
been  sanctioned  in  express  words,  we  beg  leave  to  observe 
to  you,  on  the  authority  of  a  white  chief  of  the  Wyandot 
Nation  that  no  deeds  in  this  district  have  ever  been 
executed  with  those  formalities  which  the  Common  Law  of 
the  4  Nations  makes  absolutely  necessary.  —  We  will 
explain  our  selves  —  In  consequence  of  the  unequal  contest 
which  many  years  ago  subsisted  between  the  Wyandots, 
Chippewas  Ottowas  &  Poutawatimies  on  the  one  part  & 
the  Senecas  on  the  other,  a  federal  compact  was  formed 
uniting  the  former  nations.  —  One  of  the  fundamental 
articles  of  this  union  was,  that  neither  of  those  Nations 


The  Detroit  Period.  73 

should  transfer  their  right  of  Soil  except  with  the  express 
consent  of  the  other  three  by  their  chiefs  in  council  —  And 
in  modern  times,  when  one  of  those  Nations,  or  tribes 
belonging  to  either  (as  has  been  most  frequently  the  case) 
have  presumed  to  violate  this  article,  it  has  not  been 
acquiesced  in  but  has  afforded  subject  of  complaint  and 
remonstrance  for  all  the  rest.  .  .  . 

[P.  S.]  The  B.  Merchants  have  liberally  contributed. 


ALBERT    GALLATIN   TO   FREDERICK   BATES 
gIR  Treasury  Department  6th  July  1805 

I  had  the  honor  to  receive  your  letter  of  the  28th  May. 
There  being  no  legal  incompatibility  between  the  office  of 
judge  &  receiver,  it  is  understood  that  you  will  continue  to 
exercise  the  functions  of  the  last  office  so  long  as  no  new 
appointment  shall  take  place.  It  was  intended  that,  at  all 
events,  you  should  hold  that  office  until  at  least  the  adjust- 
ment of  claims  had  been  completed.  The  President  will 
afterwards  decide  the  question  whether  the  two  offices 
should  be  held  permanently  by  the  same  person;  and  you 
will  receive  previous  notice  of  his  Determination. 


CHARGE  TO  THE  GRAND  JURY20 

Court  of  Detroit, 
Detroit,  Aug.  19,  1805. 
Gentlemen  of  the  Grand  Jury. 

I  meet  with  you  with  very  sincere  pleasure,  on  an  occasion 
which  may  probably  in  future  times  be  considered  as  the 

^o  Bates'  charges  to  the  grand  jury  of  the  Huron  and  Detroit  District, 


74  The  Life  and  Papers  of  Frederick  Bates. 

epoch  of  your  civil  liberties.  Heretofore  you  have  scarcely 
known  to  what  tribunal  to  apply  for  the  support  of  right 
and  for  the  suppression  of  wrong.  That  authority  on  which 
the  District  has  been,  at  various  times  dependent,  was  too 
remote,  or  its  decisions  too  dilatory  for  such  an  adminis- 
tration of  the  laws,  as  citizens  of  a  free  government  had 
a  right  to  expect  and  which  the  liberal  justice  of  the  con- 
gress of  the  United  States  has  lately  granted  to  you. 

From  the  division  of  the  Indiana,  and  the  establishment 
of  the  Michigan  territory,  we  may  anticipate  with  confi- 
dence the  happy  future  destinies  of  these  settlements.  It  is 
true  that  for  a  while,  during  our  political  infancy,  we  must 
be  rocked  in  the  executive  cradle  of  the  general  govern- 
ment. As  we  increase  in  strength,  in  industry,  in  wealth, 
and  in  populaution,  we  shall  be  regularly  advanced  to  new 
rights  and  privileges  until  the  moment  not  I  hope  far 
distant,  when  we  shall  be  entitled  to  form  an  additional  link 
in  the  grand  chain  which  unites  the  several  commonwealths 
of  which  our  happy  country  is  composed.  During  this  pro- 
bationary period  but  little  is  expected  in  return  for  the 
parental  protection  which  is  extended  to  you.  The 
expenses  of  your  government  are  defrayed  by  the  United 
States,  and  nothing  is,  indeed,  required  of  you,  more  than 
a  decent  and  orderly  submission  to  those  authorities,  dele- 
gated at  your  special  instance,  and  constituted  with  no 
other  design  than  to  promote  your  welfare.  I  rejoice  with 
you  on  the  accomplishment  of  our  common  wishes  on  this 
important  subject,  and  most  heartily  congratulate  you  on 

to  that  of  the  Erie  District,  and  to  the  Michillimackinac  grand  jury  are 
preserved  in  the  Bates  Collection  of  the  Missouri  Historical  Society.  As 
they  add  but  little  to  our  knowledge  of  the  jurist,  it  has  not  seemed 
necessary  to  print  them. 


The  Detroit  Period.  75 

the  appointment  of  an  executive  whose  judgment  discerns, 
whose  philanthropy  approves,  and  whose  authority  will  be 
sufficient  to  effectuate  those  measures  calculated  to  call  into 
exercise  all  the  latent  energies  of  the  country,  and  with 
him,  permit  me  to  assure  you,  the  judicial  branch  of  the 
Government,  will,  on  all  proper  occasions,  most  cordially 
unite  for  the  promotion  of  these  important  purposes. 
Judge  not  of  the  future  by  the  occurrences  of  the  past ;  the 
days  of  unhappiness  have  glided  away;  the  empire  of 
justice  is  established  among  you;  your  affairs  are  every 
day  becoming  more  settled  and  permanent  and  it  will 
remain  with  yourselves  only  to  become  the  most  happy 
people  within  the  American  borders. 

After  several  vexatious  dependences  on  governments 
very  essentially  different  from  each  other,  Providence  has 
kindly  thrown  you  under  the  protecting  wings  of  a  great, 
a  powerful,  and  an  enlightened  nation,  the  ultimate 
tendency  of  whose  measures,  is  the  peace,  safety  and  hap- 
piness of  the  citizen.  You  felt,  I  know,  some  early 
reluctances  at  this  change;  your  apprehensions  were 
natural  and  are  not  to  be  wondered  at ;  you  had  been  accus- 
tomed to  changes  from  bad  to  worse,  and  anticipated  a 
continuation  of  that  unhappy  routine.  These  fears  were 
soon  discovered  to  be  without  foundation  and  the  mists  of 
your  anxiety  are  at  length  completely  dissipated.  The 
magistrates  of  our  country  can  never  exercise  an  assumed 
and  arrogated  power;  the  laws  have  invested  them  with 
sufficient  authority.  It  is  they,  the  laws,  who  govern  and 
not  the  men  who  administer  them.  Before  this  equitable 
despotism  both  magistrates  and  other  citizens,  without 
discrimination,  bow  in  silent  and  submissive  reverence. 

Those  republics  which  have  been  the  most  celebrated  for 


76  The  Life  and  Papers  of  Frederick  Bates. 

the  freedom  of  their  civil  institutions,  made  it  their  pride 
and  their  boast  to  yield  a  ready  and  an  unreserved  submis- 
sion to  the  laws.  At  the  moment,  that  they  scorned  a 
subjection  to  the  personal  controul  of  an  individual,  they 
heard  the  voice  of  these  guardians  of  their  liberties,  and 
knew  no  alternative  than  a  patriotic  compliance  with  their 
mandates.  Infamy  and  public  opprobrium,  was  the  certain 
and  immediate  consequence  of  a  contrary  conduct.  Fortu- 
nate and  happy  people !  We  are  too  apt  to  exclaim.  —  How 
greatly  superior  to  the  Eepublics  of  modern  times  where 
penal  sanctions  are  found  necessary  to  inforce  an 
observance  of  the  most  salutary  laws.  Let  us  not,  how- 
ever, repine  that  these  nations,  created  by  providence  for 
the  admiration  of  posterity,  surpassed  us  in  these  respects. 
The  only  difference  is  that  with  them,  greater  individual 
sacrifice  than  with  us,  was  necessary  to  support  that 
national  haughtiness,  and  to  gratify  that  thirst  of  domina- 
tion, which  was  the  curse  and  proved  ultimately  the  down- 
fall and  the  ruin  of  the  state.  The  individuals  of  these 
countries  made  a  surrender  of  private  rights  to  the  abso- 
lute democracies  which  they  had  chosen  to  establish 
greater  by  far  than  appears  in  our  times  to  be  necessary 
for  national  government.  They  imagined  themselves  free, 
and  by  a  mental  deception  fancied  this  surrender  voluntary 
when  in  fact  by  the  rigour  of  inflexible  institutions  rather 
than  the  severity  of  the  laws  the  citizen  was  stripped  even 
of  self  love,  which  he  deposited  in  the  common  fund  and 
called  it  patriotism.  How  extremely  different  are  Ameri- 
can ideas  contrasted  with  these  antequated  notions.  In 
the  United  States  the  interests  and  the  prosperity  of  the 
whole  are  never  to  be  promoted  at  the  expense  of  a  few ;  — 
and  whether  it  arises  from  the  nature  of  things,  or  from  the 


The  Detroit  Period.  11 

ingenuity  of  the  great  contrivers  of  our  admirable  systems, 
I  know  not,  yet  the  fact  is  felt  in  our  daily  experience  that 
the  interests  of  the  government  and  those  of  the  citizen 
are  never  inconsistent  with  each  other.  The  latter  may 
be  aptly  compared  to  the  springs  and  the  rivulets  of  the 
mountains,  the  former  to  the  majestic  river,  crowded  with 
the  products  of  honest  industry,  and  floating  on  its  surface 
the  wealth  of  nations.  The  one  arises  out  of  the  other  and 
without  them  would  cease  to  have  an  existence.  Since, 
then,  the  prosperity  of  the  nation,  must  have  its  rise  in 
the  welfare  of  individuals,  we  can  be  no  longer  surprised 
that  the  personal  liberty,  the  personal  security,  and  the 
private  property  of  the  citizen  are  so  vigilantly  and  so 
securely  guarded.  An  infringement  of  these  rights  in  the 
free  constitutions  of  the  United  States,  is  not  so  much  an 
individual  as  a  national  concern.  The  arm  of  public  justice 
interposes  to  prevent  a  wrong,  even  before  it  is  attempted, 
and  never  fails,  in  theory  at  least,  to  chastise  a  commission 
of  it.  Punishment  should  follow  crime,  as  the  shadow 
follows  the  substance,  or  rather  they  should  be  as  indis- 
solubly  connected  as  the  union  of  cause  and  effect.  In 
severe  and  arbitrary  governments,  where  the  blood  and 
tears  of  the  peasantry  support  the  insolent  ostentation  of 
the  prince,  this  can  scarcely  be  the  case.  The  laws  must 
always  be  badly  executed,  where  the  popular  sensibility  is 
daily  shocked  and  outraged  by  capital  punishment  for  light 
and  trivial  offences.  The  rod  of  a  tyrant,  may,  for  a  while 
bend  the  degraded  nation  to  the  most  abject  submis- 
sions ;  —  it  may  render  indeterminate  the  boundaries  of 
right  and  wrong  by  the  creation  of  a  great  number  of 
capital  offences  which  in  their  nature  are  not  so,  but  the 
nation  never  fails  to  resume  its  rights  and  cruelly  to  prac- 


78  The  Life  and  Papers  of  Frederick  Bates. 

tice  those  lessons  of  barbarity,  in  which  its  savage  sover- 
eigns have  taken  so  much  care  to  instruct  them.  In  these 
instances,  as  a  humane  writer  on  crimes  and  punishments, 
has  observed,  the  legislature,  and  the  dagger  of  the  assassin 
are  actuated  by  the  same  spirit  of  ferocity.  But  revolu- 
tions of  this  terrific  impression  will  never  occur  in  the 
United  States  where  the  liberty  and  the  security  of  the 
people  are  the  direct  and  only  ends  of  the  constitution. 
The  mildness  of  our  laws,  the  moderation  of  our  punish- 
ments, and  the  spirit  of  liberty  which  pervades  the  whole, 
will  forever  secure  us  from  these  disastrous  scenes. 

Estimate  justly  I  entreat  you,  gentlemen,  together  with 
these  inestimable  blessings,  the  natural  advantages  of 
your  local  situation.  A  fine,  fruitful  and  abundant  country, 
which  when  the  necessary  labour  is  bestowed  to  entitle  you 
to  its  products,  will  supply  you  in  profusion  with  all  the 
necessaries  and  many  of  the  luxuries  of  life .  Your 
delightful  and  extensive  praire  grounds  for  yours  at 
reasonable  and  moderate  prices  they  soon  may  be,  are 
prepared  by  the  hands  of  nature  herself  for  cultivation, 
and  who  has  also  providently  placed  in  their  environs,  a 
variety  of  the  best  timber  for  their  enclosure.  She  has 
also  stocked  your  forests  with  almost  every  quadruped 
known  in  America,  and  your  country  generally  with  every 
fowl  whom  she  has  taught  to  dip  the  wing  in  water,  or  to 
traverse  the  uninhabited  wild  for  a  subsistence.  In  order 
fellow  citizens  of  the  Grand  Jury,  that  you  may  be  in  the 
constant  enjoyment  of  all  these  united  advantages  great 
care,  attention,  diligence  and  industry  are  absolutely  neces- 
sary. I  consider  these,  both  as  moral  and  as  civil  duties, 
and  altho '  at  this  day,  a  breach  of  them  can  not  be  punished 
by  positive  laws,  yet  an  observance  is  not  the  less  indis- 


The  Detroit  Period.  79 

pensable  on  that  account.  We  know  that  Nature  in  our 
rural  efforts  is  forever  ready  to  bear  with  us  more  than 
half  the  toils  of  husbandry,  but  the  same  prolific  fruit- 
fulness  which  vegetates  matures  and  ripens  our  harvests, 
vegetates  also  and  matures  the  noxious  weed  which 
deprives  that  harvest  of  its  abundance.  No  project,  no 
enterprise,  no  pursuit  in  human  life  can  prosper  unless  by 
the  most  diligent  and  unwearied  attention.  It  is  contrary 
to  the  eternal  order  of  things  that  it  should,  and  the  man 
who  is  unmindful  of  the  important  truth,  will  deplore  when 
it  is  too  late  the  fatal  effects  of  his  folly.  He  will  find  that 
he  has  involved  himself  in  a  threefold  bankruptcy  —  of 
mind  —  of  reputation  and  of  fortune.  With  respect  to  the 
first,  indolence  and  the  pursuit  of  frivolous  amusements 
have  relaxed,  have  vitiated  and  destroyed  it;  the  second 
has  become  worthless  even  in  the  estimation  of  those  who 
have  reclined  on  the  same  bed  of  roses  with  himself,  —  and 
for  the  last,  fortune,  the  most  transitory  and  perhaps  the 
most  inconsiderable  of  any,  it  has  fled  away  on  the  wings 
of  dissipation  and  left  its  humiliated  possessor  a  prey  to 
the  most  painful  retrospections.  Let  me  advise  you  then 
gentlemen  to  encourage  throughout  your  country  the  culti- 
vation of  the  soil ;  let  the  sound  of  the  axe  be  heard  in  your 
forests,  and  let  the  songs  of  industry  alleviate  the  fatigues 
of  rural  labours.  The  mechanic  arts  will  flourish  of  them- 
selves ;  and  health,  peace  and  an  easy  affluence  will  be  your 
rewards. 

I  shall  speak  to  you  of  Eeligion  and  Morals  only  as  they 
have  an  influence  in  aid  of  the  laws  and  the  institutions  of 
the  country  and  altogether  independently  of  their  Divine 
authority.  Without  them,  society  could  not  subsist;  it  is 
absolutely  necessary  that  the  human  mind  should  have  a 


80  The  Life  and  Papers  of  Frederick  Bates. 

boundary  to  terminate  its  prospects,  and  the  hopes  and  the 
fears,  in  expectancy  which  it  alternately  entertains,  are  a 
more  effectual  curb  and  restraint  from  the  violation  of 
civic  duties  than  all  the  temporal  rewards  and  punishments, 
which  the  laws  can  annex  to  human  conduct.  In  the  opera- 
tions of  nature  and  mechanics  we  daily  see  how  astonishing 
are  the  effects  of  the  most  inconsiderable  force  applied 
constantly  and  without  intermission.  Religion  then  and 
morals  under  mild  and  tolerant  establishments,  are  as  indis- 
pensable as  the  laws  themselves.  Their  gentle,  persuasive 
and  continual  influence,  habituate  us  to  the  practice  of 
virtue;  they  teach  us  justice  as  an  innate  obligation,  and 
above  all  they  render  us  happy,  by  casting  around  us  the 
serenity  of  peaceful  consciousness,  and  the  sunshine  of 
unimbittered  felicity. 

Education  also  gentlemen,  is  an  object  of  the  first  impor- 
tance. It  is  not  altogether  sufficient  that  you  bring  up  the 
youth  of  your  country  in  the  habits  of  industry,  and 
instruct  them  in  the  principles  of  morality  and  religion. 
It  is  also  essential  to  their  future  respectability  and  happi- 
ness that  their  minds  should  be  inriched,  at  least  to  a 
certain  degree  with  the  beauties  of  literature  and  the  truths 
of  science.  Savages  to  whom  the  use  of  letters  is  unknown 
have  invented  ingenious  substitutes,  and  man  but  half 
civilized,  without  the  accomplishments  of  the  savage,  and 
without  his  apologies  in  extenuation  of  ignorance  is  the 
most  degraded  of  the  creation.  Redouble  your  exertions 
then,  in  this  important  particular.  You  are  no  longer  the 
neglected,  solitary  people  you  once  were;  your  destinies 
are  rapidly  unfolding  themselves,  and  it  is  your  indispen- 
sable duty  to  prepare  your  offspring  for  the  new  and 
elevated  sphere,  in  which  they  will  in  future  act.     Teach 


The  Detroit  Period.  81 

them  enterprize  —  teach  them  emulation,  and  they  will 
rival  the  brightest  ornaments  of  which  the  United  States 
can  boast. 

I  can  not  omit  in  this  public  address  to  the  Grand  Inquest 
of  the  District,  to  advert  with  sincerest  sorrow  to  that 
calamitous  conflagration  which  has  lately  reduced  wealth 
and  opulence  to  indigence  and  distress;  and  heaped  accu- 
mulated wretchedness  on  the  heads  of  those,  who  were 
already  necessitous.  How  sudden,  how  unexpected  was  the 
event !  and  how  little  were  we  prepared  to  meet  the  over- 
whelming catastrophe.  But  gentlemen,  let  not  our  fellow 
citizens  despair;  for  altho'  their  sufferings  have  been 
extreme,  and  altho'  no  miracles  can  be  wrought  for  their 
relief,  Heaven  will  unquestionably  prosper  their  exertions. 
You  have  heretofore  supported  most  handsomely  the  views 
of  the  Government,  for  the  reestablishment  and  organi- 
zation of  the  affairs  of  the  country ;  Persevere,  I  pray  you, 
in  that  support  and  you  will  find,  let  me  say  it  without 
presumption  and  without  vanity,  that  that  Government  is 
your  guardian  angel,  sent  by  Providence  at  an  awful  crisis 
to  snatch  you  from  impending  ruin.  See  the  progress 
which  is  already  made ;  this  temporary  but  pleasant  bower, 
will,  at  some  future  day,  be  the  site  of  an  elegant  state 
house  in  which  your  interests  will  be  debated.  Churches, 
manufactories  and  workshops  will  rise  in  succession,  and 
the  embarrassments  of  former  times  will  no  longer  be 
remembered  except  as  the  indistinct  and  visionary  incidents 
of  a  dream.  A  new  city,  on  a  more  liberal  and  enlarged 
scale,  has  already  burst  the  ancient  limits,  and  is  daily 
rising,  as  our  Chief  Justice,  very  beautifully  expresses  it, 
like  a  new  Phoenix,  from  the  ashes  of  the  old. 

I  have  taken  up  your  time  gentlemen  on  subjects  of  a 


82  The  Life  and  Papers  of  Frederick  Bates. 

general  nature  which  altho'  pertinent  and  proper  on  the 
present  occasion,  are  not  perhaps  particular  to  it.  I  will 
now  say  a  few  words  in  relation  to  your  especial  duties. 

The  Constitution  of  Grand  Inquests  was  formed  as  it  at 
present  stands,  except  some  inconsiderable  statutory  alter- 
ations so  early  as  the  English  King  Ethelred.  That  such 
a  mode  for  the  prosecution  of  public  wrongs,  should  have 
had  so  early  a  commencement,  and  a  continuance,  without 
intermission  to  the  present  day,  proclaims  loudly  the 
utility  of  the  establishment,  and  that  it  is  better  calculated 
than  any  other  can  possibly  be,  to  answer  the  purposes  for 
which  it  was  designed.  Your  Presentments  will  be  of  the 
nature  of  accusations  merely,  and  in  this  incipient  stage, 
you  will  hear  evidence  only  on  behalf  of  the  prosecution; 
but  as  far  as  your  evidence  goes,  you  should  be  thoroughly 
persuaded  of  the  truth  of  the  charge  before  you  proceed 
to  make  the  Presentment,  and  suffer  not  yourselves  to  be 
satisfied  merely  with  remote  probabilities.  You  will  present 
within  the  District  of  Detroit  all  felonies,  breaches  of  the 
peace  and  of  all  penal  laws  and  misdemeanors  not  capital 
of  every  description  generally,  which  may  come  to  your 
knowledge.  I  will  not  gentlemen,  amplify,  in  tedious  detail, 
the  duties  which  you  are  about  to  discharge,  —  they  are 
already  familiar  to  you.  May  the  stream  of  justice,  neither 
rush  like  a  cataract,  nor  become  stagnant  with  impurity; 
but  may  it  preserve  its  onward  course  in  smooth  and 
equable  progression,  germinating  the  seeds  of  civil  liberty 
planted  on  its  borders,  applying  a  remedy  to  every  mischief 
and  a  redress  to  every  wrong. 

I  cannot  before  I  take  leave  of  you  avoid  expressing 
those  novel  emotions,  which  I  at  this  moment  experience, 
on  account  of  the  singularity  of  our  situation.     Here,  in 


The  Detroit  Period.  83 

the  fields,  in  an  elegant  Bower,  which  the  ingenious 
arrangements  of  the  Marshal  has  prepared  for  our  recep- 
tion, we  are  convened  for  the  administration  of  justice. 
How  naturally  do  our  ideas  recur  to  those  days  of  primeval 
simplicity,  where  the  public  concerns  were  transacted  in  a 
similar  manner.  May  we  be  as  exempt  from  prejudice, 
prepossession,  and  all  other  unworthy  motives,  as  were 
those  fathers  of  mankind.  But  your  oaths  gentlemen  have 
sufficiently  impressed  the  solemn  lesson.  Retire  then,  to 
the  leafy  chambers  to  which  the  Marshal  will  conduct  you, 
and  I  beg  you  to  rely  on  my  assistance  and  support  in  the 
performance  of  a  trust  so  honorable  to  you  as  citizens, 
and  so  necessary  for  the  welfare  and  the  happiness  of  the 
District. 


TO  RICHARD  BATES 

Detroit,  Sep  4.  1805 
Dear  Richard, 

How  melancholy  of  late,  have  been  my  informations  from 
Virginia.  One  Mail  brings  me  the  advice  of  our  father's 
death  —  after  which,  before  I  have  taught  myself  to  submit 
with  resignation  to  the  decrees  of  Heaven,  my  feelings  are 
cruelly  shocked  with  news  of  the  untimely  death  of  a 
beloved  sister,  —  cut  off,  in  an  instant,  from  husband, 
friends,  and  society,  by  the  hasty  and  unwarning  light- 
ning —  Avast !  I  am  wrong  —  in  this  she  was  fortunate ;  for 
it  is  my  opinion  that  the  apprehension  of  death  is  its  only 
bitterness.  Her  short  and  innocent  career  has  never,  I 
dare  say,  been  sullied  by  vice,  nor  even  tarnished  by  foible. 
If  there  is  an  Elysium  for  happy  spirits,  I  hope  D[ea]r 
Richd  we  shall  meet  her  there.    I  am  very  happy  that  our 


/ 


84  The  Life  and  Papers  of  Frederick  Bates. 

Peggy  has  not  sustained  a  lasting  injury.  How  provi- 
dential was  her  escape !  —  One  victim  only  was  required.  — 

You  have  perhaps  heard  that  I  was  last  spring  appointed 
one  of  the  three  Judges  of  Michigan  territory.  It  is  an 
honorable  and  a  lucrative  appointment,  which  I  had  not 
solicited,  and  of  which  I  had  no  intimation  until  I  saw  my 
name  in  the  News  Papers.  —  I  held  a  District-Court  at 
this  place  on  the  19th  ulto.  and  intended  to  have  sent  you 
a  copy  of  my  address  to  the  Grand  Jury,  but  constant 
business  and  bad  health  have  heretofore  prevented  my 
copying  it.  I  must  be  vain  enough  to  tell  you  that  it  was 
applauded. 

Make  my  affectionate  respects  to  our  Mothers  and 
Sisters. 


TO  AUGUSTUS  B.  WOODWARD  AND  JOHN  GRIFFIN 

[n.  d.  Probably  1806.] 

I  regret  that  my  opinions  should  differ  from  those  of 
my  colleagues  on  this  question.  It  is  difficult  to  change 
those  Principles  which  we  have  long  thought  true  &  which 
we  have  suffered  to  govern  our  conduct  without  suspecting 
their  illegitimacy.  In  the  case  of  Pettinson  versus  Chan- 
donet  I  was  of  opinion  that  the  laws  of  Indiana  adopted 
previously  to  the  1st  July  1805  had  not  an  obligation  in 
Michigan  —  That  those  laws  were  virtually  at  least 
repealed  by  the  Act  of  the  Congress  of  the  U.  States 
dividing  the  Indiana  territory.  —  The  4th  Sec :  of  that  Act 
is  in  these  words  —  P.  242.  —  'That  nothing  in  this  Act 
contained  shall  be  construed  so  as  in  any  manner  to  affect 
the  Government  now  in  force  in  the  Indiana  territory, 
further  than  to  prohibit  the  exercise  thereof  within  the  said 
territory  of  Michigan  from  and  after  the  aforesaid  30th 


The  Detroit  Period.  85 

of  June  next. '  The  Officers  of  Indiana,  as  mere  Individuals 
have  no  part  of  that  authority  contemplated  in  this  section. 
It  can  be  nothing  but  the  laws  which  speak  thro'  those 
Individuals  as  a  Vehicle  or  Medium,  and  the  exercise  of 
that  Authority  or  in  other  words  those  laws  is  expressly 
prohibited.  And  the  reason  and  nature  of  territorial 
governments  concur  in  support  of  the  correctness  of  this 
prohibition.  —  Our  territorial  Constitution  has  established 
a  government  of  a  temporary  and  not  of  a  permanent 
nature.  The  adoptions  of  the  Governor  and  the  Judges  are 
laws  within  their  Districts  until  the  organization  of  the 
general  Assembly  therein,  unless  disapproved  by  Congress 
or  repealed  by  the  legislative  department,  but  I  apprehend 
that  their  operation  can  never  extend  beyond  the  bounds 
of  those  districts  respectively.  The  words  of  the  Ordinance 
are  2  vol  U.  S.  Laws  P.  561.  — And  the  2d  Article  of 
Compact  P  564  contains  these  words  —  Now  it  is  observable 
that  while  the  Ordinance  provides  merely  for  a  temporary 
government  with  regard  to  the  duration  of  adoptions,  that 
Instrument  on  the  other  hand  recognizes  in  all  their  force 
the  immemorially  adopted  Rules  of  the  Common  Law.  — 
Judge  Tucker  of  Virginia,  a  learned  and  very  distinguished 
Editor  of  Mr  Blackstone's  Commentaries  is  of  opinion  that 
the  U.  States  as  a  federal  association  have  no  Common 
Law ;  Yet  the  ingenious  theories  of  that  enlightened  Jurist, 
appear  to  me  inconclusive,  when  opposed  to  the  express 
allowance,  which  is  given  to  that  admired  system  in  the 
Constitution  of  the  U.  States  and  in  our  own  Ordinance. 
In  one  respect  perhaps  I  have  been  in  error  —  It  is  this.  — 
I  imagined  the  question  already  settled  by  our  Courts  — 
and  what  was  merely  devised  to  try  the  principle,  I  had 
conceived  to  have  been  an  adjustment  of  it.    The  supreme 


86  The  Life  and  Papers  of  Frederick  Bates. 

court  12  Mos.  ago,  suffered  an  indictment  found  under  the 
Common  Law  to  be  prosecuted  —  to  an  acquittal  indeed,  — 
but  should  not  the  obligation  of  the  Law  have  been  ascer- 
tained before  the  Prisoner  pleaded?  —  If  the  Statutes  of 
Indiana  had  not  politically  died,  as  they  were  known  to 
have  changed  the  Common  Law,  as  it  regarded  the  subject 
of  that  prosecution,  the  Jury,  without  the  instructions  of 
the  court,  as  they  are  the  judges  of  the  Law  and  the  fact, 
might  have  found  the  prisoner  guilty  under  either  count, 
or  under  the  laws  of  the  Medes  and  Persians  which  never 
change.  — 

This  government  has  never  considered  itself  bound  by 
territorial  Precedents.  It  is  their  wish  to  avoid  the  errors 
and  profit  by  the  experience  of  their  Sister  Districts.  The 
Common  Law,  the  wisdom  of  which  is  attested  by  the 
consequentive  [sic]  approbation  of  ages,  together  with  our 
own  adoptions,  have  been  if  I  mistake  not,  esteemed  by  us, 
a  code  sufficiently  ample  for  governments  so  temporary 
and  fleeting  as  those  established  by  the  Ordinance  of 
1787.  —  In  a  word,  That  the  Laws  of  Indiana,  except  local 
Statutes,  vesting  special  rights,  have  not  an  operation  in 
Michigan  is  an  opinion  which  has  regulated  my  official 
conduct,  as  far  as  those  laws  might  be  conceived,  for  12 
Months  past  —  And  that  opinion  remains  unchanged. 


TO  AUGUSTUS  B.  WOOWARD21 

a  Pittsburgh,  Dec.  3,  1806. 

We  arrived  two  days  ago,  without  fatigue  or  unpleasant 
occurrence.    All  Pittsburgh  is  in  commotion.    Col.  Burr's 

si  This  letter  is  taken  from  the  Michigan  P.  and  H.  Society,  Collec- 
tions, VIII,  557-558. 


The  Detroit  Period.  87 

enterprise  appears  to  be  matured  for  execution,  and  large 
stores  of  provisions  are  daily  loading  on  board  the  boats 
for  the  supply  of  his  troops  in  the  lower  countries.  Natchez 
will  be  the  rendezvous,  but  their  object  and  destination  are 
altogether  unknown,  except  to  those  in  whom  the  leaders 
have  thought  proper  to  confide.  The  most  intelligent  with 
whom  I  have  conversed  appear  to  imagine  that  the  army 
will  be  composed  of  about  ten  thousand  chosen  men,  who 
will  remain  in  the  neighborhood  of  the  Spanish  settlements, 
until  a  declaration  of  war,  or  other  political  events  shall 
authorize  our  government  to  justify  the  preparations,  and 
avow  them  as  their  own.  Most  of  the  young  men  in  this 
vicinity,  respectable  by  birth,  education  and  property  are 
descending  the  river.  As  soon  as  I  am  able  to  ascertain 
the  extent  of  their  equipments  I  shall  not  fail  to  write  you. 
I  settled  your  account  at  Cleveland  and  will  give  you  the 
receipt  on  my  return. 

Will  not  probably  set  out  for  "Washington  in  less  than 
five  or  six  days. 


WILLIAM  HULL  TO  FREDERICK  BATES22 

-r.         ~  Detroit  17th  December  1806. 

Dear  Sir: 

By  this  mail,  I  have  forwarded  on  application  to 
Congress  for  payment  of  the  expenses  attending  the 
stockades  &c  built  last  spring,  by  order  of  Mr.  Gris- 
wold.23  —  The  Petition  is  sent  to  Genl.  Varnum  under  cover 
of  a  letter  to  the  Secretary  of  War.  As  these  expenses 
were  incurred  for  the  public  defence,  and  as  you  are  well 
acquainted  with  the  necessity  of  them,  I  will  thank  you  to 

22  The  letter  was  addressed  to  Washington,  D.  C. 

23  Stanley  Griswold,  secretary  of  Michigan  Territory. 


88  The  Life  and  Papers  of  Frederick  Bates. 

give  the  Secretary,  Genl.  Varnum,24  or  any  other  Members, 
information  on  the  subject. 

We  are  all  well,  and  passing  the  winter  pleasantly.  The 
storm  seems  to  be  subsiding.  The  Legislature  have 
adjourned,  until  called  together  by  me,  and  I  hope  things 
will  become  entirely  tranquil.  Judge  Griffin  has  gone  to 
the  River  Raisin  to  pass  the  winter  &  Judge  Woodward  is 
here. 

They  have  committed  the  assignment  of  the  donation 
lots  to  me. 

24  Joseph   Bradley  Varnum,   representative  in   congress  from  Massa- 
chusetts, 1795-1811. 


PART    II 
The    First    Acting-Governorship 


THE   FIRST   ACTING-GOVERNORSHIP 


BATES'    COMMISSION   AS    RECORDER    OF    LAND 
TITLES  IN  LOUISIANA  TERRITORY 

Thomas   Jefferson,    President    of   the   United    States    of 

America, 
To  All  Who  Shall  See  These  Presents,  Greeting: 

Know  ye,  That  reposing  special  Trust  and  Confidence 
in  the  Integrity,  Diligence  and  Discretion  of  Frederick 
Bates  of  the  Territory  of  Michigan  I  have  nominated,  and 
by  and  with  the  Advice  and  Consent  of  the  Senate,  do 
appoint  him  Recorder  of  Land  Titles  in  and  for  the 
Territory  of  Louisiana;  and  do  authorize  and  empower 
him  to  execute  and  fulfil  the  Duties  of  that  Office  according 
to  law ;  and  to  have  and  to  hold  the  said  Office,  with  all  the 
Rights  and  Emoluments  thereunto  legally  appertaining, 
unto  him  the  said  Frederick  Bates  during  the  Pleasure  of 
the  President  of  the  United  States  for  the  time  being. 

in  testimony  whereof,  I  have  caused  these  Letters 
to  be  made  Patent,  and  the  Seal  of  the  United 
(Seal)     States  to  be  hereunto  affixed. 

Given  under  my  hand,  at  the  City  of  Washington, 
the  Fourth  Day  of  February  in  the  Year  of  our 
Lord  one  Thousand  eight  Hundred  and  Seven,  and 
of  the  Independence  of  the  United  States  of 
America,  the  Thirty  first. 

Th.  Jefferson 
By  the  President, 
James  Madison  Secretary  of  State 

(91) 


92  The  Life  and  Papers  of  Frederick  Bates. 

THOMAS  JEFFERSON  TO  THE  GOVERNOR  OF  THE 
TERRITORY  OF  LOUISIANA 

Washington  City 
Sir,  March  21st  1807. 

Altho'  the  present  state  of  things  on  the  western  side  of 
the  Mississippi  does  not  threaten  any  immediate  collision 
with  our  neighbours  in  that  quarter,1  and  it  is  our  wish 
that  they  should  remain  undisturbed  until  an  amicable 
adjustment  may  take  place ;  yet  as  this  does  not  depend  on 
ourselves  alone,  it  has  been  thought  prudent  to  be  prepared 
to  meet  any  movements  which  may  occur.  The  law  of  a 
former  Session  of  Congress  for  keeping  a  body  of  100,000 
Militia  in  readiness  for  service  at  a  moments  warning  is 
still  in  force.2 

But  by  an  Act  of  the  last  Session,3  a  copy  of  which  I  now 
enclose,  the  Executive  is  authorized  to  accept  the  services 
of  such  volunteers  as  shall  offer  themselves  on  the  condi- 
tions of  this  Act,  which  may  render  a  Resort  to  the  former 
Act  unnecessary:  It  is  for  the  execution  of  this  Act,  that 
I  am  now  to  solicit  your  zealous  endeavours.  The  persons 
who  shall  engage  will  not  be  called  from  their  homes,  until 
some  aggression  committed  or  intended  shall  render  it  nec- 
essary.   When  called  into  action  it  will  not  be  for  a  loung- 

i  The  dispute  with  Spain  regarding  the  boundaries  of  Louisiana,  the 
Burr  conspiracy,  and  the  fact  that  Spain  became  a  party  to  the  Berlin 
Decree  on  February  19,  1807,  produced  a  delicate  situation.  The  pacific 
disposition  of  the  Jefferson  administration  and  the  French  occupation  of 
Spain  in  1808  prevented  war.  See  F.  E.  Chadwick,  The  United  States  and 
Spain,  Diplomacy,  98-106;  I.  J.  Cox,  The  West  Florida  Controversy,  267- 
311;  T.  M.  Marshall,  History  of  the  Western  Boundary  of  the  Louisiana 
Purchase,  17-45. 

2  Act  of  April  18,  1806,  U.  S.,  Statutes  at  Large,  II,  383-384. 

s  Act  of  February  24,  1807.    Ibid.,  II,  419-420. 


The  First  Acting-Governorship.  93 

ing  but  for  an  active  and  perhaps  distant  service.  I  know 
the  effect  of  this  consideration  in  kindling  that  ardour 
which  prevails  for  this  service,  and  I  count  on  it  for  filling 
up  the  numbers  requisite  without  delay.  — 

To  yourself,  I  am  sure  it  must  be  as  desirable  as  it  is 
to  me  to  transfer  this  service  from  the  great  mass  of  our 
Militia  to  that  portion  of  them  to  whose  habits  and  enter- 
prize  active  and  distant  service  is  most  congenial. 

In  using  therefore  your  best  exertions  towards  accom- 
plishing the  object  of  this  Act  you  will  render  to  your 
constituents  as  well  as  to  the  nation  a  most  acceptable 
service.  With  respect  to  the  organizing  &  officering  those 
who  shall  be  engaged  within  your  State  the  Act  itself  shall 
be  your  guide.  And  as  it  is  desirable  that  we  should  be 
kept  informed  of  the  progress  in  this  business  I  must  pray 
you  to  report  the  same  from  time  to  time  to  the  Secretary 
of  War,  who  will  correspond  with  you,  on  all  the  details 
arising  out  of  it. 


GALLATIN    TO   BATES4 

Treasury  Department, 

April  2d  1807. 
Sir, 

I  have  the  honor  to  enclose  the  copy  of  an  Act  of 
Congress  passed  during  their  last  session,  entitled,  "An 
act  respecting  claims  to  Land  in  the  Territory  of  Orleans 
&  Louisiana",  which  I  request  may  be  communicated  to 
the  Board.  —  The  rule  established  by  the  4th  section  of  the 

■*  Original  in  the  Treasury  Department,  Mail  "N-O,"  3434. 


94  The  Life  and  Papers  of  Frederick  Bates. 

act,  &  by  which  the  Commissioners  must  decide  on  the 
several  descriptions  of  claims  submitted  to  them,  that  is  to 
say,  the  Spanish  laws  &  established  usages  &  customs  may 
in  some  instances  be  at  variance  with  the  Eegulations 
prescribed  by  the  instructions  transmitted  in  my  letter  of 
the  8th  Septr.  last,5  and  whenever  such  variance  does  in 
the  opinion  of  the  Board  exist,  the  instructions  must  be 
considered  as  so  far  superceded  by  the  law.  —  It  is  however 
necessary  to  observe,  1st  That  all  the  former  opinions  of 
the  Board  must  necessarily  be  revised,  the  Commissioners 
having  full  power  to  annul,  modify  or  confirm  the  same, 
as  on  examination  shall  to  them  appear  proper;  2ndly 
That  the  opinion  of  the  Attorney  General  transmitted  in 
letter  of  the  26th  March  18068  is  not  as  it  relates  to  the 
quantity  of  Land  allowed  under  an  act  of  Congress  affected 
by  the  rule  established  by  the  4th  section  of  the  last  law,  & 
must  therefore  be  considered  as  still  in  force  for  which 
reason  no  patent  will  issue  on  Certificates  granted  by  the 
Commissioners  for  that  species  of  claim,  for  a  greater 
quantity  of  Land  than  the  maximum  stated,  in  the  said 
opinion:  3rdly  That  the  instructions  must  be  considered 
as  still  in  force,  as  relates  to  all  the  claims  on  which  the 
Commissioners  are  not  authorized  to  make  a  final  decision. 
But  if  they  shall  think  any  part  of  the  said  instructions 
productive  of  embarrassment  or  injustice,  &  they  will 
suggest  any  modification  or  alteration,  their  representation 
on  that  subject  will  meet  with  attention  and  be  submitted 
to  the  President. 

The  object  of  Government  has  uniformly  been  a  consuma- 

5  This  letter  has  not  been  found. 
«  This  letter  has  not  been  found. 


The  First  Acting-Governorship,  95 

tion  of  equitable  claims;  &  a  rejection  of  all  frivolous  or 
fraudulent  pretensions.  Circumstances  well  known  to  the 
Board  &  on  which  it  would  be  unpleasant  to  dwell,  rendered 
it  necessary  for  the  Executive  to  counteract  a  dangerous 
laxity,  by  the  most  rigid  construction  of  the  Law.  It  is 
confidently  expected  that  the  liberality  of  the  principles 
adopted  by  the  last  act,  &  the  great  discretion  vested 
thereby  in  the  Commissioners,  intended  as  they  are  for  the 
purpose  of  satisfying  &  quieting  the  titles  of  a  great 
majority  of  the  Inhabitants  of  the  Territory,  will  not  on 
the  other  hand  be  abused,  so  as  to  give  countenance  to 
fraud  &  rapacious  speculation. 

So  far  as  relates  to  the  claims  on  which  the  Commis- 
sioners are  authorized  to  make  a  final  decision,  &  which 
they  may  confirm,  it  does  not  appear  necessary  to  adhere 
to  the  forms  transmitted  in  my  letter  of  the  14th  November 
last,  &  in  lieu  of  the  said  forms,  the  following  regulations 
are  instituted. 

The  form  of  certificate  to  be  issued  by  the  Commissioners 
in  favor  of  claimants,  may  perhaps  vary  according  to  the 
nature  of  the  claim  and  must  therefore  be  fixed  by  them, 
observing  only  1st  That  whether  they  adopt  one  or  more 
forms,  they  should  transmit  a  copy  of  each  such  species 
of  form,  to  this  office,  &  deliver  another  duly  attested  to 
the  Eegister :  2ndly  That  the  Certificates  must  be  numbered 
progressively  from  No.  1.  upwards  according  to  the  order 
in  which  they  are  issued ;  3rdly  That  each  certificate  should 
specify  the  names  of  the  original  claimants  &  present 
owner,  the  nature  of  the  claim  (whether  settlement  right, 
Spanish  order  of  Survey  &c.)  and  the  situation  of  this 
tract  granted,  designating  the  County  or  District,  and  the 
water  courses,  and  should  also  either  refer  to  the  date  & 


96  The  Life  and  Papers  of  Frederick  Bates. 

nature  of  Survey,  if  already  executed,  or  direct  with 
precision  where  &  how  it  is  to  be  surveyed,  stating  in 
either  case  the  contents  in  acres  or  arpens.  —  As  soon  as 
they  shall  have  commenced  to  issue  Certificates,  it  will  be 
necessary  as  a  further  check  on  any  fraud,  that  a  monthly 
list  of  the  certificates  issued  during  the  proceeding  [sic] 
month,  should  be  transmitted  to  this  office,  &  another 
delivered  to  the  Board,  That  a  list  of  which  the  form  A,  is 
enclosed  must  be  signed  by  the  Clerk  of  the  Board,  who 
will  as  the  certificates  are  issued  keep  a  Register  of  the 
same  form  with  references  to  the  Books  in  which  the 
decisions  of  the  Board  are  recorded. 

The  patent  certificates  issued  by  the  Register  must  be 
entered  by  him  in  a  book  to  be  kept  for  that  purpose  only, 
&  a  monthly  return  of  the  form  B  be  made  to  this  Office 
of  the  certificates  issued  during  the  proceeding  month.  A 
form  (C.)  of  the  certificates  themselves  is  also  enclosed, 
on  which  the  blank  left  for  the  boundaries  must  be  a  tran- 
script of  the  Surveyor's  return,  &  which  as  will  appear  by 
the  form  must  designate  whether  the  land  has  been 
surveyed  by  the  Surveyor  of  the  Public  Lands  of  the  U.  S. 
(or  by  his  Deputy),  or  by  a  former  Spanish  Survey. — 

The  act  of  last  session  has  prescribed  that  the  report  of 
the  Commrs.  on  claims  rejected  by  them,  or  on  which  they 
had  not  power  to  make  a  final  decision,  shall  be  arranged 
into  three  general  classes,  each  of  which  may  be  considered 
as  a  distinct  transcript  &  be  subdivided  in  the  manner 
proscribed  [sic]  by  the  forms  transmitted  in  my  letter  of 
14th  November  last:  But  in  that  respect  also,  if  any  part 
of  those  forms  appears  to  the  Board  perplexing,  their 
suggestions  of  modification  or  alteration  will  be  duly 
considered. 


The  First  Acting-Governorship.  97 

Messrs.  Lucas7  &  Penrose8  are  authorized  to  draw  for 
the  balance  of  the  compensation  of  Two  thousand  dollars 
due  to  them  under  the  former  law,  and  the  balance  due 
under  the  same  act  to  the  Clerk  &  translator  will  likewise 
be  paid  on  the  draft  of  the  parties  respectfully  accom- 
panied with  a  certificate  signed  by  a  majority  of  the  present 
Board,  stating  that  he  or  they  are  entitled  to  the  same  — 
From  &  after  the  first  of  October  next,  afterwards  each  of 
the  Commrs.  (yourself  included)  the  Clerk  &  Translator 
may  draw  quarterly  for  their  salaries  as  they  become  due. 
But  each  draft  should  be  accompanied  with  a  certificate 
signed  by  Two  of  the  Commrs.  &  stating  that  the  party 
has  during  that  quarter  attended  to  the  duties  of  his 
Office.  You  will  be  pleased  to  give  General  notice  of  the 
5th  section  of  the  act,  particularly  in  the  distant  Districts : 
and  although  the  law  has  not  provided  any  compensation 
for  that  object  in  Louisiana,  it  would  not  perhaps  be 
improper  if  you  find  it  practicable  to  authorize  some  person 
in  those  Districts  to  receive  claims  in  your  stead,  &  transmit 
the  papers  to  you.  — 

"  John  Baptiste  Charles  Lucas  was  born  in  Normandy.  He  graduated 
from  the  University  of  Caen  in  1782  with  the  degree  of  D.  C.  L.  In  1784 
he  came  to  the  United  States  and  settled  on  a  farm  near  Pittsburgh. 
He  engaged  in  trading  expeditions  to  New  Madrid  and  in  1791  brought 
Henry  Brackenridge  to  Louisiana  to  study  French  with  a  French  family. 
In  1792  Lucas  became  a  member  of  the  Pennsylvania  legislature,  and 
served  six  years.  In  1802  he  was  elected  to  congress,  succeeding  Albert 
Gallatin  as  representative  from  the  Alleghany  District.  He  was  reelected 
in  1804  but  soon  resigned  to  become  a  judge  of  the  District  of  Louisiana. 
He  served  on  the  board  of  land  commissioners,  1805-1812.  The  Lucas 
house,  the  first  one  built  on  the  "hill",  stood  at  the  northwest  corner  of 
Market  and  Seventh  streets,  St.  Louis.     It  was  built  in  1811. 

s  Clement  Biddle  Penrose  was  born  at  Philadelphia  on  February  20, 
1771.  In  1803  he  ran  for  congress  on  the  democratic  ticket  but  was 
defeated.  In  1805  he  was  appointed  one  of  the  land  commissioners  of 
Louisiana  Territory. 


98  The  Life  and  Papers  of  Frederick  Bates. 

TO  MERIWETHER  LEWIS9 

St.  Louis  April  5th  1807. 
Sir, 

In  compliance  with  your  request,  I  now  write  you,  tho' 
nothing  has  transpired,  since  my  arrival,  on  the  1st  inst. 
which  would  have  required  special  communication.  —  Doct. 
Browne10  has  been  sometime  absent  from  St.  Louis,  prob- 
ably at  the  Lead  Mines  of  Colo.  Smith,11  and  is  not 
expected  to  return  in  less  than  a  week.  Unless  his  stay  is 
unreasonably  protracted,  I  shall  not  take  upon  myself  the 
discharge  of  duties,  heretofore  confided  to  him.  —  The 
People  have  already  received  intimations,  that  you  are 

9  On  March  3,  1807  General  James  Wilkinson  was  removed  from  the 
governorship  of  the  Territory  of  Louisiana,  and  Lewis  was  appointed  as 
his  successor.    The  letter  was  addressed  to  Washington,  D.  C. 

10  Joseph  Browne  was  a  brother-in-law  of  Aaron  Burr.  In  1805  he 
was  appointed  secretary  of  the  Territory  of  Louisiana.  On  March  18, 
1806  Wilkinson  appointed  him  first  judge  of  the  court  of  common  pleas 
and  quarter  sessions  of  the  District  of  St.  Louis.  He  continued  to  act  as 
secretary  and  during  the  last  months  of  the  Wilkinson  regime  was  acting 
governor.  Bates  succeeded  him  as  secretary.  Until  the  arrival  of  Lewis, 
Bates  was  acting-governor. 

ii  John  Smith  T  was  born  in  Georgia.  When  a  young  man  he  moved 
to  the  neighborhood  of  Nashville,  Tennessee.  He  eventually  moved  to 
Kentucky,  settling  on  the  Ohio  River  near  the  mouth  of  the  Cumberland. 
The  town  of  Smithland  is  named  after  him.  About  1804  he  moved  to  the 
Ste.  Genevieve  District.  At  Shibboleth  he  improved  a  farm  and  engaged 
in  mining  operations.  For  a  time  he  served  as  judge  in  the  Ste.  Genevieve 
District  court  of  common  pleas  and  quarter  sessions.  He  was  a  supporter 
of  Aaron  Burr  and  made  an  unsuccessful  attempt  to  join  the  Burr  expe- 
dition. At  one  time  he  had  an  interest  in  the  Dubuque  lead  mines. 
Smith  was  a  picturesque  character.  He  added  the  T  to  his  name  to  dis- 
tinguish him  from  others  of  the  same  name  and  to  show  that  he  came 
from  Tennessee.  It  is  said  that  he  usually  carried  two  pistols  in  his 
belt,  two  in  his  pockets,  and  a  dirk  in  his  bosom.  He  was  a  noted  duelist. 
His  most  famous  duel  was  fought  in  1819  when  he  killed  Lionel  Browne, 
a  nephew  of  Aaron  Burr.  For  an  interesting  account  of  Smith,  see  John 
F.  Darby,  Personal  Recollections,  84-97. 


The  First  Acting-Governorship.  99 

probably  before  this  time  appointed  their  Governor  and 
from  the  best  informations  which  I  have  been  able  to 
collect,  it  will  be  in  your  power  to  reunite  the  contending 
parties.  Even  the  friends  of  Wilkinson,  will  be  satisfied 
and  perhaps  pleased  with  your  government,  since  they  are 
to  lose  the  General.  Harmony,  I  am  sure  may  be  easily 
restored:  It  requires  nothing  but  integrity,  —  firmness, 
and  a  good  understanding  among  the  officers  of  Govern- 
ment. And  I  cannot  avoid  considering  it  as  particularly 
unfortunate  that  the  strength  of  Administration  should 
have  been  impaired  in  the  imaginations  of  the  People,  and 
its  name  brought  into  disrepute  by  the  dissensions  of  the 
former  officers.  I  take  a  pleasure  in  expressing  the  opinion, 
that  you  have  a  fair  opportunity  of  establishing  a  lasting 
reputation  in  Louisiana,  by  composing  the  unhappy  divi- 
sions of  her  Inhabitants.  When  these  People  saw  the 
Agents  of  the  General  Government,  quarrelling  among 
themselves,  it  is  not  at  all,  to  be  wondered  a,t,  that  those 
Agents  would  fall  into  contempt. 

The  Judges12  are  both  out  of  town.  I  have  yet  seen 
neither  of  them.  With  Mr  Penrose  one  of  the  commis- 
sioners,13 I  have  had  several  conversations :  and  am  willing 

12  The  organic  act  of  March  3,  1805  by  which  the  Territory  of 
Louisiana  was  created  provided  that  the  legislative  power  should  be 
vested  in  the  governor  and  three  judges,  or  a  majority  of  them.  The 
judges  were  to  hold  two  courts  annually  at  such  place  as  would  be  most 
convenient  to  the  inhabitants.    U.  S.,  Statutes  at  Large,  II,  331. 

is  A  federal  act  of  March  2,  1805  provided  for  the  creation  of  a 
board  of  land  commissioners.  Sec.  5  read  in  part,  "That  two  persons  to 
be  appointed  by  the  President  alone,  for  the  district  of  Louisiana  .  .  . 
shall  together  with  the  register  or  recorder  of  the  district  ...  be 
commissioners  for  the  purpose  of  ascertaining  .  .  .  the  rights  of 
persons  claiming  under  any  French  or  Spanish  grant  ...  or  under 
the  two  first  sections  of  this  act."  A  majority  of  the  board  had  power 
to  make  decisions.    U.  S.,  Statutes  at  Large,  II,  327. 

The  first  board  was  composed  of  J.  B.  C.  Lucas,  James  L.  Donaldson, 


100         The  Life  and  Papers  of  Frederick  Bates. 

to  Lope  that  differences  of  opinion  on  the  land  subject  will 
occur  less  frequently  than  at  the  former  Board. 

I  think  you  desired  me  to  deliver  personally  your  letter 
to  Madame  Provonchere.14  I  have  not  yet  done  so,  as  she 
resides  at  some  distance  from  St.  Louis. 


TO  JOSEPH  BROWNE 

St.  Louis  Apr  7.  1807 
Sir, 

As  soon  as  it  may  be  convenient  to  you,  it  will  be  my 
duty  to  receive  the  books,  papers  and  whatever  else  may 
belong  to  the  Secretary's  office.  This  subject  was  not 
mentioned  at  our  first  interview,  as  I  did  not  want  to  give 
you  unnecessary  trouble,  so  immediately  on  your  return 
from  the  country. 


TO  MERIWETHER  LEWIS 

St.  Louis,  April  7.  1807 
Sir, 

I  have  this  morning  had  a  conference  with  Doct  Browne 
who  returned,  last  evening  from  the  Mines.    He  appears 

and  Clement  B.  Penrose.  Charles  Gratiot  was  elected  clerk  and  held  that 
position  until  July,  1807,  when  he  was  succeeded  by  William  Christy. 
Frederick  Bates  succeeded  Donaldson. 

i*Antoine  Nicholas  Pierre  Provonchere  was  the  son  of  a  prominent 
French  refugee,  the  father  having  been  the  preceptor  of  the  Duke  of 
Berri.  The  son  came  to  St.  Louis  a  few  years  before  the  transfer  of 
Louisiana  to  the  United  States.  On  July  9,  1803  he  married  Mary  Jero- 
nima  Rutgers,  the  daughter  of  a  Dutch  merchant  of  St.  Louis.  She  was 
probably  the  Madame  Provonchere  referred  to.  Frederick  L.  Billon, 
Annals  of  St.  Louis  .  .  .  under  the  French  and  Spanish  Dominations, 
480-481. 


The  First  Acting-Governorship.  101 

to  imagine  himself  treated  with  hardships :  —  And  his  sen- 
sibilities seemed  so  awakened  that  I  did  not  press  him  for 
an  immediate  delivery  of  the  records.  That  subject  shall 
be  attended  to  tomorrow. 

Altho'  I  have  yet  seen  neither  of  the  Judges  I  under- 
stand it  to  be  their  united  opinion,  that  they  should,  at  an 
early  day  be  called  together  in  their  legislative  capacities. 
This  is  a  measure  which  I  would  willingly  suspend  until 
your  arrival.  But  if,  after  a  consultation  with  those  gen- 
tlemen, it  appears  that  any  desirable  object  could  be 
attained  by  the  meeting,  their  wishes  I  think,  ought  to  be 
complied  with.  — 

Many  of  the  Partizans  of  General  Wilkinson  calculate  on 
your  treading  in  his  footsteps.  It  is  not  for  me,  to 
strengthen  such  hopes  —  and  were  I  permitted  by  you,  it 
would  be  inexpedient  to  contradict  expectations,  which  may 
have  a  tendency  to  allay  the  fervors  of  party,  and  to  take 
the  fiery  edge  from  animosities  which  have  heretofore 
existed  to  the  disgrace  of  the  Government.  For  myself, 
I  never  was  fearful  of  doing  my  duty,  and  as  long  as  I  act 
under  the  convictions  of  an  unbiassed  judgment,  I  shall 
never  either  fear  the  censure,  nor  hope  for  the  applause 
of  any  but  those  to  whom  I  am  indeed  accountable. 

My  promises  to  write  frequently  shall  not  be  forgotten. 
Every  important  measure  of  the  government  shall  be 
promptly  communicated,  and  I  shall  hope  .  .  .15  that 
you  will  be  liberal  in  your  remarks,  as  on  those  measures, 
may,  possibly  in  some  degree  depend,  the  tranquility  of 
your  future  government. 

Pardon  the  haste  in  which  I  have  written.     The  Mail 

is  The  manuscript  is  illegible  at  this  point,  but  the  omission  does  not 
change  the  sense. 


102         The  Life  and  Papers  of  Frederick  Bates. 

closes  at  2  o'clock  and  the  morning  has  been  consumed  in 
conversation  with  Doct  Browne. 

There  are  Letters,  I  am  told,  in  town  which  announce 
your  appointment  positively. 

I  heartily  congratulate  you  on  the  event. 


TO  JOSEPH  BROWNE 

Arrived  at  St.  Louis  April  1.  1807  —  Secretary  Browne 
absent.    On  his  return,  addressed  to  him  the  following :  — 

Sir,  St.  Louis  April  7.  1807 

If  the  Secretaryship  of  this  territory  was  not  vacant  by 
resignation,  I  feel  it  a  painful  duty  to  advise  you,  that  I 
have  been  appointed  to  that  office.  For  altho'  personally 
unknown  to  you,  I  am  no  stranger  to  the  high  estimation 
in  which  you  stand  with  the  People  of  St.  Louis.  Be  so 
obliging  as  to  intimate  to  me  when  you  will  be  at  leisure, 
and  I  will  have  the  honor  of  making  you  in  person  those 
respects,  with  which  I  am  &c.  &c. 


TO  AUGUSTE  CHOUTEAU,  ACTING  INDIAN  AGENT 

St.  Louis  April  9.  1807. 
Dear  Sir, 

I  have  this  morning  reed  an  intimation  from  Judge 
Lucas  that  Joseph  Papin16  has  been  bound  under  Recog- 
nizance to  appear  before  the  General  court  at  the  next 

is  As  early  as  1776  Joseph  M.  Papin  was  a  prominent  merchant  of 
St.  Louis.  He  married  a  daughter  of  Madame  Chouteau.  He  was  a 
member  of  the  first  grand  jury  that  convened  in  St.  Louis. 


The  First  Acting-Governorship.  103 

May  term  to  answer  the  charge  of  having  committed  a 
violence  upon  the  person  of  an  Indian  belonging  to  the 
united  tribes  of  the  Sacs  and  Foxes.  This  offence  is 
alledged  to  have  been  committed  on  the  Mississippi  about 
20  miles  above  the  mouth  of  the  Eiver  Des  Moines.  It  is 
also  intimated  to  me  by  the  Judge  that  William  Obanon17 
and  William  Ewing18  who  reside  under  the  authority  of  the 
United  States,  among  the  said  united  tribes  and  without 
the  jurisdiction  of  the  General  Court,  have  a  knowledge 
of  the  commission  of  the  said  offence.  Under  these  circum- 
stances I  deem  it  my  duty  to  order  that  the  said  William 
Obanon  and  William  Ewing,  if  in  the  service  of  the  United 
States  in  the  Indian  department  appear  at  St  Louis  on  the 
first  day  of  the  next  General  Court  to  bear  testimony  in 
relation  to  the  said  alledged  violence  or  murder. 

These    orders   I   hope   you   will   communicate   with   all 
convenient  dispatch. 


TO  MERIWETHER  LEWIS 

St.  Louis  April  [28],  180719 
Sir, 

Nothing  but  an  actual  experience  could  have  fully 
informed  me  of  the  extent  of  those  duties  and  responsi- 
bilities, which  in  your  absence,  it  will  be  necessary  for  me 

17  William  O'Bannon  was  associated  with  William  Eaton  in  the  cap- 
ture of  Derne  which  brought  the  war  with  Tripoli  to  a  close.  In  1807 
he  was  interpreter  at  the  Sacs  villages. 

is  In  1806  William  Ewing  was  placed  among  the  Sacs  to  instruct 
them  in  the  arts  of  husbandry.  Jacob  Van  der  Zee,  "Fur  Trade  Opera- 
tions in  the  Eastern  Iowa  Country  from  1800  to  1833,"  in  Iowa  Journal 
of  History  and  Politics,  XII,  494. 

is  A  copy  of  a  portion  of  this  letter  dated  April  28  was  found,  making 
it  possible  to  supply  the  exact  date. 


104         The  Life  and  Papers  of  Frederick  Bates. 

to  take  upon  myself.  And  these  duties,  as  respects  Indian 
Intercourse  are  sometimes  doubtful  and  difficult  to  ascer- 
tain. —  As  Superintendent  I  have  lately  received  a  note 
from  Judge  Lucas,  desiring  that  Ewing  and  Obanon  two 
persons  in  the  service  of  the  Indian  department  among 
the  Sacs  &  Foxes20  may  be  sent  for,  in  order  to  substan- 
tiate at  the  next  General  Court  a  charge  of  *  violence  or 
murder'  committed  on  the  person  of  an  Indian  by  a  citizen 
of  this  territory.  These  witnesses  are  I  presume  under 
the  orders  of  the  Superintendent  and  reside  without  the 
jurisdiction  of  the  court.  I  have  not  hesitated  therefore 
to  dispatch  a  canoe  for  them,  tho'  the  expense  attending 
it  may  probably  amount  to  one  hundred  dollars.  —  On  the 
Indian  Subject  I  have  had  little  more  than  the  law  to  guide 
me;  and  that  you  know  is  general.  A  great  deal  has  no 
doubt  grown  out  of  the  discretion  which  is  vested  in  the 
President,  and  a  portion  of  which  he  has  probably 
permitted  the  Superintendents  sometimes  to  exercise  in 
the  establishment  of  regulations.  None  of  these  papers 
have  been  turned  over  to  me,  among  the  other  Records  of 
the  Territory;  and  I  very  often  find  myself  totally  in  the 
dark  on  subjects  of  very  material  consequence.  —  For 
instance,  with  respect  to  Indian  Trade  on  the  Missouri:21 

20  The  territory  between  the  Des  Moines  and  the  Missouri  rivers,  and 
east  of  Grand  River  was  the  undisputed  possession  of  the  Sacs  and  Foxes 
when  the  United  States  acquired  Louisiana.  There  were  three  main 
~- -  villages:  one  was  south  of  the  Des  Moines  in  what  is  now  Missouri; 
another  north  of  the  Des  Moines  near  the  present  state  line;  and  a  third 
at  the  mouth  of  Rock  River  in  Illinois.  The  tribes  were  perfectly  con- 
solidated until  the  Treaty  of  1804,  which  brought  about  a  schism.  For 
trade  with  the  Sacs  and  Foxes,  see  Wisconsin  Historical  Collections,  IX, 
148. 

2i  Section  7  of  an  act  of  March  30,  1802  regulating  trade  with  the 
Indian  tribes  specified  that  each  trader  among  the  Indians  must  have  a 


The  First  Acting-Governorship.  105 

Shall  Licenses  be  granted  to  trade  among  those  nations, 
with  whom  the  U.  States  have  heretofore  had  no  inter- 
course :  And  shall  the  right  to  deny  to  foreigners,  a  partici- 
pation in  the  trade  west  of  the  Mississippi  be  enforced? 

Mr  Madison  in  his  correspondence  with  the  British 
Minister22  has  demonstrated  this  right ;  but  no  orders  were 
sent  to  Governor  Wilkinson,  who  in  the  latter  part  of  his 
governorship,  as  I  learn  from  my  Predecessor,  granted  his 
Licenses  indiscriminately  to  citizens  and  foreigners. 

I  have  however  demanded,  and  until  instructed  other- 
wise, shall  continue  to  demand  evidence  of  citizenship,  or 
residence  in  the  territory  on  30th  of  April  1803  ;23  and  in 
some  instances  shall  cause  oaths  of  abjuration  to  be  admin- 
istered. 

Rogers24  a  Shawanoe  chief  whose  town  is  at  the  head  of 
the  Meramac  has  demanded  protection  against  the  medi- 

license  granted  under  the  seal  of  the  superintendent  of  the  department 
or  person  authorized  by  the  President.  For  the  complete  act,  see  U.  S., 
Statutes  at  Large,  II,  139-146. 

22  Anthony  Merry,  the  British  minister,  received  his  notice  of  recall 
about  June  1,  1806.  He  lingered  on  at  Washington  for  several  months 
and  was  in  communication  with  the  department  of  state  as  late  as 
November.  He  was  succeeded  by  David  Montague  Erskine.  On  Novem- 
ber 28,  1806  Madison  wrote  to  Monroe  and  Pinkney  as  follows:  "This 
letter  .  .  .  will  be  put  into  the  hands  of  Mr.  Merry,  who,  in  conse- 
quence of  the  arrival  of  Mr.  Erskine,  is  now  on  his  return."  American 
State  Papers,  Foreign  Relations,  II,  141. 

23  The  treaty  by  which  the  United  States  acquired  Louisiana  was 
signed  on  April  30,  1803. 

24  Lewis  Rogers  was  the  chief  of  a  small  band  of  Shawnees  and  Dela- 
wares  who  lived  on  the  upper  Meramec.  Peck,  who  came  in  contact  with 
him  in  his  missionary  work,  says,  "Mr.  Rogers  was  originally  a  white 
man,  taken  prisoner  in  boyhood,  and  so  trained  in  Indian  habits  and 
tactics,  that  in  mind,  temper,  disposition,  and  inclinations,  he  was  com- 
pletely an  Indian.  He  took  for  a  wife  a  squaw,  who  was  the  daughter 
of  a  chief,  and  through  his  influence  and  his  own  superior  talents  he 
held  the  office  of  commander  in  that  band."     At  one  time  Rogers  had 


106         The  Life  and  Papers  of  Frederick  Bates. 

tated  hostility  of  the  Osages.25  The  latter  are  said  to  have 
stolen  horses  from  the  Delawares  and  from  the  white 
People,  in  attempting  to  retake  which,  Rogers'  party 
killed  two  of  their  young  men.  The  Osages  have  threat- 
ened a  retaliation,  and  Rogers'  People  of  whom,  not  more 
than  20  are  fighting  men  will  be  probably  cut  off.  It  is 
impossible  for  me  to  afford  him  any  effectual  protection.  — 

Mr.  Choteau26  is  daily  expected  —  when  he  arrives,  I 
shall  be  freed  from  much  of  my  present  perplexity  & 
embarrassment. 

As  to  fees  on  Indian  Licenses  —  I  have  altogether 
declined  the  acceptance  of  them;  for  I  believe  that  the 
present  situation  of  the  country  demands  the  most  cautious 
and  circumspect  conduct.  It  would  pain  exceedingly  to 
reflect  that  my  temporary  exercise  of  the  government 
should  be  such  as  to  impair  any  of  your  rights,  or  to  curtail 

commanded  a  band  along  the  Ohio,  but  after  Wayne's  victory,  in  1794  he 
and  his  followers  migrated  west  of  the  Mississippi.  Rufus  Babcock, 
Memoir  of  John  Mason  Peck,  111-113. 

25  Up  to  1820  the  largest  section  of  the  Great  Osages  dwelt  on  the 
upper  reaches  of  the  Osage  River.  The  principal  village  was  about 
seventy-five  miles  south  of  Fort  Osage.  Another  group  lived  on  the 
Neosho  about  one  hundred  and  thirty  miles  from  Fort  Osage.  The  Little 
Osages  dwelt  in  three  villages  on  the  Neosho.  The  commercial  rivalry 
of  the  Chouteaus  and  Lisa  caused  one  group  of  Osages  to  move  to  a  site 
near  the  Arkansas  River. 

26  Pierre  Chouteau  was  born  at  New  Orleans  on  October  10,  1758.  He 
was  a  younger  brother  of  Auguste  Chouteau  who  assisted  Laclede  in  the 
founding  of  St.  Louis.  From  early  manhood  Pierre  engaged  in  the  fur 
trade  and  soon  established  a  position  of  influence  among  the  Indians, 
especially  among  the  Osages.  For  many  years  during  the  Spanish  regime 
he  was  in  command  of  Fort  Carondelet  on  the  Osage  River.  After  the 
cession  of  Louisiana  he  was  the  first  to  receive  the  appointment  of  Indian 
agent.  He  negotiated  the  treaty  of  1808  with  the  Osages.  He  was  one 
of  the  owners  of  the  first  Missouri  Fur  Company,  and  was  prominent  in 
the  American  Fur  Company.  The  Missouri  Historical  Society  possesses  a 
large  collection  of  Chouteau  papers. 


The  First  Acting-Governorship.  107 

your  emoluments.  Those  perquisites  may  perhaps  be  justi- 
fied by  the  usages  and  customs  of  the  Spanish  Government, 
but  malus  usus  abolendus  est27  and  when  we  are  endeav- 
ouring to  establish  the  empire  of  the  laws ;  and  to  substitute 
those  laws  in  the  place  of  the  arbitrary  Rescripts  of  pro- 
consular Agents,28  it  becomes  us  to  give  to  the  country 
examples  of  moderation,  forbearance  and  self  denial.  — 
Already  had  the  People  begun  to  suspect  that  the  U.  States' 
Agents  in  this  country  were  totally  indifferent  as  to  the 
accomplishment  of  the  objects  of  their  appointment, 
provided  they  could  grow  rich  from  the  most  merciless 
extortions,  and  fill  their  coffers  with  official  plunders. 
Already  had  indictments  been  found  by  the  grand  Juries 
for  some  of  these  extortions,  and  dispositions  were  daily 
manifested  by  the  People  to  enquire  into  and  precisely 
ascertain  the  demarkations  of  authority. 

After  viewing  this  subject  in  all  its  bearings  and  conse- 
quences, I  sincerely  hope  and  believe  that  my  conduct  will 
be  found  to  merit  your  approbation. 

The  situation  of  the  territory  requires  that  the  Legis- 
lature should  convene  at  an  early  day :  And  at  the  instance 
of  the  Judges  I  shall  desire  a  meeting  some  time  in  the 

27  Bad  usage  ought  to  be  abolished. 

28  O'Reilly,  the  Spanish  governor  general  and  captain  general  of 
Louisiana,  in  March,  1770  established  the  office  of  lieutenant-governor 
of  "San  Luis,  San  Genoveva  and  the  district  of  Ylinneses."  This  was 
approved  by  the  king  August  17,  1772.  The  lieutenant-governor  was  the 
chief  executive  and  judicial  officer  in  Upper  Louisiana.  He  commanded 
the  military,  supervised  the  collection  of  public  monies,  enforced  and 
made  known  the  laws  and  ordinances,  and,  until  interfered  with  by  the 
regulations  of  Morales,  made  land  grants  from  the  royal  domain.  He 
often  sat  as  a  judge  and  received  appeals  from  minor  courts.  He  was 
subordinate  to  the  governor  general  and  intendant  at  New  Orleans,  but 
in  practice  he  was  given  very  free  rein. 


108         The  Life  and  Papers  of  Frederick  Bates. 

month  of  May.  Here  again  I  have  great  cause  to  lament 
your  absence.  There  are  very  many  subjects  which  require 
legislative  provision,  and  it  would  be  desirable  in  bringing 
about  those  changes  which  must  take  place,  that  the  perma- 
nent executive  should  have  a  cooperation  from  the  com- 
mencement of  the  arrangement. 

I  have  not  yet  been  supplied  with  all  the  laws  of  the  U 
States.  Those  of  the  7th  &  9th  Congress  have  not  been 
forwarded.  Will  you  take  the  trouble  of  desiring  Mr 
Madison  to  cause  them  to  be  transmitted. 

Some  doubts  have  existed  with  respect  to  the  propriety 
of  the  Secretary's  exercising  the  Government,  unless 
during  a  vacancy  occasioned  by  resignation,  removal  or 
death :  and  it  has  been  enquired  whether  the  mere  absence 
of  the  Governor  from  the  Territory,  creates  such  vacancy 
as  the  law  contemplates.  I  have  however  taken  the  respon- 
sibility upon  myself,  and  the  Judges  will  acquiesce  in  the 
construction  which  has  been  indirectly  given  by  the  Presi- 
dent. 

I  have  not  yet  experienced  so  much  ill  natured  oppo- 
sition as  I  had  expected:  Yet  the  minds  of  the  factions 
are  by  no  means  tranquil.  Some  of  them  are  shifting  their 
sails  to  catch  the  changing  breeze.  Some  designing  Plans 
of  counteraction;  others  foolishly  predicting  that  I  shall 
not  be  six  months  in  the  country  —  and  all  from  the  con- 
trary motives  of  hostility  and  friendship  anxious  for  your 
arrival:  For  contrary  to  my  first  expectation  you  must 
expect  to  have  some  enemies.  For  myself  I  shall  endeavor 
to  remain  behind  the  ramparts  of  the  laws,  and  hope  that 
there  I  shall  be  unassailable.  I  know  that  I  shall  deserve 
censure:  that  I  can  not  on  all  occasions  act  in  such  a 
manner  as  to  exempt  myself  from  it.    Yet  believe  me  I  am 


The  First  Acting-Governorship.  109 

in  greatest  dread  of  those  censures  and  those  accusations 
which  T  shall  not  have  deserved. 


A  PROCLAMATION 

By  Frederick  Bates  Secretary,  exercising  the  Government, 
&  the  office  of  Commander  in  chief  of  the  Territory  of 
Louisiana 

Whereas  the  President  of  the  United  States  by  his  letters 
patent  dated  at  Washington  City  on  the  12th  day  of  March 
last,  appointed  William  Clark  Esquire  Brigadier  General 
of  the  Territory  of  Louisiana. 

Now  therefor  I  do  strictly  enjoin  and  require  that,  in  the 
leading  ordering  and  exercising  the  Militia  of  this  terri- 
tory, the  said  William  Clark  Brigadier  General  as  afore- 
said, be  respected  and  obeyed  by  the  officers  and  soldiers 
under  his  command. 

In  testimony  whereof  I  have  hereunto  affixed  the  terri- 
torial seal  and  subscribed  my  name  at  Saint  Louis  the  first 
day  of  May  In  the  year  of  our  Lord,  one  thousand  eight 
hundred  and  seven  and  of  the  Independence  of  the  U. 
States  the  thirty  first. 

F.  BATES. 


TO  JOHN  SMITH  T 

St.  Louis  May  1.  1807 
Sir, 

Since  I  had  the  honor  of  exercising  the  Government  of 
Louisiana,  my  constant  endeavor  has  been  to  acquire 
correct  information,  with  respect  to  the  late  and  the 
existing  state  of  territorial  affairs.     My  enquiries  on  the 


110         The  Life  and  Papers  of  Frederick  Bates. 

subjects  terminate  in  a  conviction  that  you  should  no  longer 
remain  in  the  discharge  of  official  duties  either  civil  or 
military ;  and  I  have  thought  proper  to  revoke  as  well  your 
commission  of  Justice  of  the  general  quarters  Sessions  of 
the  Peace  for  the  District  of  St.  Genevieve,  as  those  of 
Lt.  Colo,  in  the  Militia  and  commissioner  under  the  act 
for  raising  District  Eates  and  Levies.29 

It  is  not  to  excite  your  sensibilities  but  to  convince  you 
of  my  justice  in  this  Proceeding,  that  I  must  be  permitted 
to  make  one  remark:  you  have  resisted  a  public  officer  in 
the  legal  and  proper  discharge  of  his  duties ;  your  menaces 
and  the  intimidations  you  have  thrown  forth  have 
prevented  the  execution  of  a  warrant  issued  by  one  of  the 
Judges  of  the  Territory. 

You  must  then  I  think  be  convinced  that  altho '  the  discre- 
tion of  the  Executive  with  respect  to  removals  ought  to  be 
cautiously  exercised,  yet  that  in  the  present  instance,  these 
revocations  were  the  only  measures  which  could  be  adopted 
consistently  with  the  interests  and  the  dignity  of  the 
Government. 


TO  FREDERICK  WOODSON 

St.  Louis  May  1.  1807 
Deab  Uncle, 

You  desired  me  to  give  you  some  account  of  Louisiana; 
but  until  I  have  leisure  to  visit  the  several  settlements, 

29  a  territorial  act  of  July  8,  1806  provided  that  the  governor  appoint 
three  commissioners  in  each  district.  The  judges  of  the  courts  of  com- 
mon pleas  and  quarter  sessions  divided  each  district  into  convenient 
divisions  and  appointed  two  assessors  for  each  division.  The  commis- 
sioners and  assessors  acted  in  their  respective  districts  as  a  board  to 
audit  and  adjust  debts  of  the  districts,  and  determined  the  amounts  to 


The  First  Acting-Governorship.  Ill 

and  gather  informations  from  actual  observation  my 
descriptions  must  be  partial  and  unsatisfactory.  I  have 
however  just  returned  from  an  excursion  of  ten  days,  two 
of  which  were  spent  at  the  Lead  Mines,  and  I  cannot  for- 
bear making  some  observations,  on  that  valuable  staple  of 
this  newly  acquired  country.  To  say,  that  those  engaged 
in  the  prosecution  of  the  Lead-Business,  will  enrich  them- 
selves beyond  the  visions  of  Fancy  or  the  dreams  of  avarice 
would  be  forsaking  that  sober  narrative  manner  which  I 
have  prescribed  to  myself:  But  this  I  will  say,  that  few 
labors  or  pursuits  in  the  U.  States,  yield  such  ample,  such 
vast  returns.  —  A  slave,  with  a  Pick  and  a  Shovel  is 
supposed  to  do  nothing,  if  the  nett  proceeds  of  his  labor, 
do  not  amount,  annually,  to  the  sum  of  400  dollars  —  the 
price  which  his  master  has  probably  paid  for  him ;  —  for 
laborers  with  us  sell  as  high  as  Mechanics  with  you.  Mr. 
Austin,30  formerly  of  Richmond,  is  more  largely  concerned 
in  this  business  than  any  other  person  at  the  Mine  A 
Burton.  He  obtained  some  years  ago,  a  grant  from  the 
Spanish  Government,  for  the  tract  where  he  now  lives, 
and  on  which  he  has  established  Furnaces  and  other  works 
for  the  manufacture  of  Lead,  on  an  extensive  scale.    The 

be  raised  for  public  purposes.  For  the  entire  law,  see  Laws  of  a  public 
and  general  Nature  of  the  District  of  Louisiana,  of  the  Territory  of 
Louisiana,  of  the  Territory  of  Missouri,  and  of  the  State  of  Missouri  up 
to  the  Year  1824,  I,  69-78.  Referred  to  henceforth  as  Mo.  Territorial  Laws. 
so  Moses  Austin  was  born  at  Durham,  Connecticut,  in  1761.  In  1793 
he  became  a  partner  in  a  mercantile  firm  in  Philadelphia.  The  same  year 
he  took  charge  of  a  branch  store  in  Richmond.  In  1789  he  became  in- 
terested in  lead  mines  on  New  River,  Virginia.  In  1797  he  obtained  a 
grant  at  Mine  a  Burton  and  soon  became  the  largest  lead  mining  operator 
in  Upper  Louisiana.  For  his  entire  career,  see  Eugene  C.  Barker,  The 
Life  of  Stephen  F.  Austin,  1-31;  The  Austin  Papers  (Barker,  ed.),  Ameri- 
can Historical  Association,  Ann.  Rpt.,  1919,  II,  Pt.  2,  pp.  1-398. 


112         The  Life  and  Papers  of  Frederick  Bates. 

diggings  are  generally  about  six  feet  wide  and  from  12  to 
20  feet  deep.  Until  the  wealth  of  the  surface  is  exhausted, 
the  Miners  will  not  encounter  the  labors  and  the  delay  of 
deeper  excavations.  The  mineral  collected  from  these 
diggings  is  either  melted  by  the  laborers  themselves  in 
Log-Furnaces  (which  is  a  wasteful  method)  or  sold  to 
Mr.  Austin  the  Proprietor  of  the  regular  Furnace.  My 
future  plan  is,  when  circumstances  enable  me  to  accom- 
plish it,  to  purchase  a  Farm  in  the  adjoining  settlement  of 
Belle  View,31  which  I  will  cultivate  with  a  few  blacks,  who 
may  be  employed  at  particular  seasons  of  the  year,  in 
digging  mineral.  This  object  cannot  however  be  imme- 
diately attended  to,  as  the  titles  to  lands  are  not  yet 
adjusted,  and  the  tenures  particularly  in  the  neighbourhood 
where  I  should  chuse  to  establish  myself,  remain  unascer- 
tained and  insecure.  The  soil  here,  is  of  a  very  good 
quality,  and  produces  small  grain  in  abundance;  but  it 
must  be  acknowledged  that  it  is  less  fertile  than  that  of 
the  Bon  Homme  and  St.  Charles  settlements  in  the  vicinity 
of  the  Missouri.  But  it  unites  two  advantages  Farming  & 
Mineral,  the  latter  of  which  is  all  important  in  my  esti- 
mation. —  These  observations  apply  particularly  to  Mine 
A  Burton  and  its  neighbourhood  —  but  the  whole  adjacent 
country,  for  150  miles  by  100  (from  the  Meramac  to  the 
St  Francis  River)  is  interspersed  with  very  rich  Strata 
of  Lead.  No  search  has  been  unsuccessful;  it  is  found  in 
every  direction  whereever  the  experiment  has  been  made. 
The  produce  of  this  inexhaustable  fund,  will  be  sufficient 
with  proper  management,  at  some  future  day,  to  defray 
the  expences  of  the  United  States !  You  will  tell  me  per- 
haps that  this  is  an  exaggerated  Statement  and  it  is  surely 

si  Bellevue,  near  Mine  a  Burton. 


The  First  Acting-Governorship.  113 

possible  that  I  may  be  mistaken,  yet  believe  me,  it  is  an 
opinion  which  I  very  deliberately  and  firmly  entertain. 
The  Soil  between  these  two  Rivers  is  not  always  rich:  It 
is  on  the  hills  even  sterile  and  stoney ;  but  the  vallies  make 
you  ample  amends.  They  are  rich  beyond  the  conception 
of  a  Virginia  Planter,  and  refreshed  with  streams,  pure, 
rapid  and  constant,  I  am  told,  thro'  the  whole  year.  They 
are,  what  you  emphatically  call  'never  failing  streams9 
Mills  are  sometimes  erected  within  thirty  steps  of  the 
springs  which  supply  them  water.  Upon  the  whole,  this  is 
a  country  in  which  an  independence  is  very  easily  acquired. 
Attention  rather  than  labor  is  requisite  —  care,  rather  than 
force.  The  natural  grass  is  abundant;  cattle  are  raised 
at  very  little  expence,  and  the  Farmer  or  Planter  enjoys 
all  those  blessings  which  a  good  soil  and  a  temperate  and 
healthful  climate  can  afford.  Wild  animals  of  a  variety  of 
kinds  are  found  in  abundance,  and  there  are  Hunters  by 
profession  who  follow  nothing  but  the  chase  for  a  subsis- 
tence. And  I  am  persuaded  that  these  Erratics  would  not 
exchange  the  pleasures  of  the  forest,  for  all  the  wealth  and 
honors  which  could  be  heaped  upon  them  in  civil  life.  As 
to  Markets,  it  is  impossible  that  I  should  say  much  in  their 
favor.  Our  surplus  produce  is  indeed  taken  to  New  Orleans 
with  great  facility,  but  the  return  is  difficult,  insomuch  that 
some  of  our  merchants  are  supplyed  with  articles  of  for- 
eign manufacture,  from  Montreal  and  others  from  Phila- 
delphia &  Baltimore.  — 

As  to  Society  —  It  is  miscellaneous  and  accidental;  Yet 
mankind  are  always  and  every  where  the  same  —  trifling 
shades  of  difference  are  immaterial.  The  wise  and  the 
foolish;  the  honest  man  and  the  knave;  the  Slanderer  and 
the  Slandered,  sometimes  meet  as  in  other  countries  — 


114         The  Life  and  Papers  of  Frederick  Bates. 

break  each  others  heads  with  a  cudgel  perhaps,  and  there's 
an  end.  We  have  among  us  a  set  of  men  turbulent  and 
ungovernable  in  their  dispositions,  which  I  believe  may  be 
accounted  for,  from  that  spirit  of  enterprize  and  adventure 
which  brought  them  first  into  the  country.  They  were 
originally  Citizens  of  the  U.  States,  and  allured  west  of 
Mississippi  by  the  generous  encouragements  of  the  Spanish 
Government.  But  would  you  believe  that  we  have  also 
among  us,  some  venerable  revolutionary  officers,32  who  have 
sought  in  our  vallies  a  Retreat  from  the  storms  of  life? 
They  there  enjoy  in  peaceful  independence  their  Hog  & 
Hominy,  moistened  when  they  please,  with  a  sparkling 
Glass  of  Louisiana  from  their  own  natural  vintages.  — 

I  will  write  you  with  more  regularity  and  correctness 
at  a  future  time. 


TO  MERIWETHER  LEWIS 

glR  St.  Louis  May  15th  1807. 

Your  letter  of  the  15th  of  March  was  handed  me  by 
Frazer,33  and  I  have  delayed  some  little  time  to  answer  it, 
that  I  might  give  you  the  more  accurate  informations. 

General  Clark34  and  Mr.  Choteau35  have  shown  me  their 

32  For  an  extensive  list  of  soldiers  of  the  American  Revolution  who 
moved  to  Upper  Louisiana,  see  Houck,  History  of  Missouri,  III,  83-86. 

33  Probably  Robert  Frazier,  one  of  the  Lewis  and  Clark  party. 

34  After  his  return  from  the  famous  expedition  to  the  Pacific  Coast, 
on  March  12,  1807  William  Clark  was  appointed  brigadier-general  of  the 
militia  of  the  Territory  of  Louisiana  and  Indian  agent.  There  is  no 
definitive  biography  of  William  Clark.  The  best  account  of  him  is  that  by 
Thwaites,  "William  Clark:  Soldier,  Explorer,  Statesman,"  in  Missouri 
Historical  Society,  Collections,  II,  No.  7,  pp.  1-24.  The  Clark  papers  are 
now  the  property  of  the  Missouri  Historical  Society. 

35  Pierre  Chouteau. 


The  First  Acting-Governorship.  115 

instructions,  and  in  compliance  with  your  advice,  I  shall 
decline  all  interference  in  the  affairs  of  the  Indian  Depart- 
ment, unless  it  should  become  necessary  to  take  measures 
for  the  defence  of  the  territory  or  unless  those  gentlemen 
themselves  should  ask  my  interposition.  — 

The  Adjutant  General36  is  of  opinion  that  the  Militia  is 
already  organized;  but  the  system  certainly  requires  a 
great  deal  of  revision.37  It  is  so  very  defective  that  I  shall 
perhaps  approve  of  a  total  repeal  of  the  law,  and  the 
substitution  in  its  place  of  something  which  may  afford  a 
more  efficient  protection  against  either  '  internal  broils  or 
external  dangers.'  The  repeal  of  the  law  will  have  another 
good  effect:  It  will  vacate  the  commissions  of  a  number 
of  worthless  men,  the  removal  of  whom  by  the  Executive, 
would  draw  on  him  the  clamour  of  a  certain  set  of  People, 
who  are  determined  to  disapprove  of  whatever  he  may  do. 

General  Clark  entirely  concurs  with  me,  in  the  propriety 
of  this  reform,  and  his  superior  knowledge  of  military 
arrangements  will  be  contributed  for  its  accomplishment. 

While  the  organization  is  in  its  present  state  of  incom- 
pletion,  I  cannot  inform  you  whether  an  additional  number 
of  Swords  &  Pistols  will  be  necessary  but  will  take  the 
earliest  possible  moment  to  advise  you  on  the  subject. 

I  gave  a  very  particular  attention  to  that  part  of  your 
letter  which  speaks  of  the  disaffection  of  certain  individ- 
uals, who  hold  territorial  offices.  Colo.  Smith,  Major  Rich- 
ardson38 and  some  others  of  inferior  standing  have  been 

sa  The  adjutant-general  was  David  Delaunay.     The  office  was  created 
by  the  territorial  law  of  October  1,  1804.    Mo.  Territorial  Laws,  I,  43. 

37  Bates'    efforts   to    secure   a    revision   were    successful.     A   revised 
militia  law  was  put  into  effect  on  July  6,  1807.     Ibid.,  I,  150-162. 

38  In  1795  Antoine  Soulard  was  appointed  the  first  surveyor  of  Upper 
Louisiana.     James  Richardson  was  his  deputy-surveyor  for  the  District 


116         The  Life  and  Papers  of  Frederick  Bates. 

removed.  —  And  where  ever  Burrism,  principles  of  dis- 
union, or  other  disaffection  to  the  U.  States  Government 
are  discovered,  they  shall  meet,  if  not  punishment,  for  that 
will  rest  with  others,  at  least  a  prompt  and  positive  dis- 
countenance. — 

Henry  Dodge39  has  not  been  dismissed;  for  altho  he  was 
mentioned  in  the  deposition  of  Frazer,  he  has  entirely 
satisfied  me  of  his  innocence.  Those  letters  in  the  hands 
of  Madame  Provonchere  to  which  you  drew  my  attention 
had  been  forwarded  to  the  city  before  my  arrival.  Such 
at  least  are  the  assurances  which  she  gives  me. 

Many  attempts  have  been  made,  so  to  influence  my  meas- 
ures, as  to  render  them  subservient  to  party  purposes. 
Those  attempts  are  sometimes  disguised  in  the  most 
specious  forms;  but  I  have  resisted  them  with  a  prompt- 
ness, which  I  hope  will  prevent  them  from  being  again 
repeated.     When  I  have  exercised  a  sound  and  cautious 

of  St.  Louis.  On  May  5,  1807  Bates  removed  Richardson  from  the  offices 
of  justice  of  the  peace  and  of  second  major  of  the  militia  of  the  District 
of  St.  Louis. 

39  Israel  Dodge,  a  soldier  of  the  American  Revolution  from  Connecti- 
cut, and  his  brother  John,  a  trader  at  Sandusky  and  for  a  time  Indian 
agent  for  the  Illinois  Country,  in  1788  or  1789  moved  to  Upper  Louisiana, 
settling  at  New  Bourbon  in  the  Ste.  Genevieve  District.  On  October  1, 
1804  Israel  Dodge  was  appointed  sheriff  of  the  district.  He  died  in  1806. 
Henry  Dodge,  a  son  of  Israel,  was  born  on  October  12,  1782.  He  worked 
for  his  father  and  uncle,  making  salt  on  the  Saline  River,  helping  to  till 
his  father's  farm,  or  working  in  his  father's  mills,  distilleries,  and 
breweries.  In  September,  1805  he  was  appointed  sheriff  of  the  Ste.  Gene- 
vieve District,  a  position  which  he  held  for  sixteen  years.  With  John 
Smith  T  he  attempted  to  join  the  Burr  expedition,  but  turned  back  after 
hearing  of  Jefferson's  proclamation.  A  grand  jury  indicted  Dodge  and 
Smith  for  treason.  Dodge  surrendered  and  gave  bail  for  his  appearance. 
He  then  fought  with  the  jurors.  His  biographer  claims  that  he  whipped 
nine  of  them  and  that  the  rest  ran  away.  For  his  subsequent  career,  in 
the  army,  as  governor  of  Wisconsin,  and  United  States  senator,  see  Louis 
Pelzer,  Henry  Dodge. 


The  First  Acting-Governorship,  111 

discretion  in  the  dismission  of  an  Officer,  I  have  been 
covertly  threatened,  in  the  language  of  advice,  with  a 
revival  of  that  vindictive  spirit  by  which  the  late  parties 
in  the  territory  were  actuated.  But  I  have  disregarded 
these  senseless  clamours,  and  rely  on  the  rectitude  of  my 
conduct  for  the  eventual  approbation,  both  of  the  General 
Government,  of  yourself  and  even  of  the  citizens  at  large. 
Continual  encroachments  are  making  on  the  Lead  mines40 
of  the  U  States,  but  I  do  not  know  that  the  Executive  is 
the  guardian  of  the  Public  interests  in  this  respect.  The 
conduct  of  the  late  Secretary  Browne  while  exercising  the 
Government  was  matter  of  great  surprize:  I  have  heard 
no  explanation  or  palliation  of  it.  There  was  a  discovery 
of  rich  veins  of  mineral  within  two  or  three  miles  of  Mine 
A  Burton.  Some  little  progress  had  been  made  in  the 
Diggings  with  the  consent  as  I  learn  of  the  claimant  of  the 
lands,  a  Mr  Deselle  ;41  when  Dr.  Browne  repaired  himself  to 
the  Mines,  and  put  up  his  proclamations,  by  which  all  those 

w  The  principal  lead  mines  of  Upper  Louisiana  at  the  time  of  the 
cession  were:  (1)  Mine  a  Burton,  or  Breton,  thirty-eight  miles  north- 
west of  Ste.  Genevieve.  It  was  discovered  by  Francis  Burton  about 
1763,  and  from  1798  was  worked  by  Moses  Austin;  (2)  Mine  a  Robina, 
two  miles  east  southeast  of  Mine  a  Burton;  (3)  Old  Mines,  five  miles 
northeast  of  Mine  a  Burton;  (4)  Mine  Renault,  six  miles  north  of  Mine 
a  Burton;  (5)  Mine  a  Maneto  or  American  Mines,  on  Grand  River  twelve 
miles  east  southeast  of  Mine  a  Burton;  (6)  Mine  a  la  Plate,  eighteen 
miles  east  southeast  from  Mine  a  Burton;  (7)  Mine  a  Joe,  four  miles 
west  northwest  from  Mine  a  Plate;  (8)  Mine  a  Lany,  six  miles  west 
of  Mine  a  Joe;  (9)  Mine  a  la  Motte,  thirty  miles  south  southwest  of  Ste. 
Genevieve;  (10)  Mine  a  Gerbore  on  the  St.  Francis  River,  eighteen  miles 
north  of  Mine  a  la  Motte;  (11)  the  Dubuque  mines  not  far  from  Dubuque, 
Iowa.  See  R.  G.  Thwaites,  "Notes  on  Early  Lead  Mining  in  the  Fever  (or 
Galena)  River  Region,"  Wisconsin  Historical  Collections,  XIII,  275-283; 
Moses  Austin,  "Lead  Mines  in  Upper  Louisiana,"  American  State  Papers, 
Public  Lands,  I,  188-191;   Henry  R.  Schoolcraft,  Lead  Mines  in  Missouri. 

4i  This  was  probably  Joseph  Deselle.  In  1800  he  was  syndic  at  Mine 
a  Burton. 


118         The  Life  and  Papers  of  Frederick  Bates. 

employed,  either  in  the  cultivation  of  the  soil  or  the  digging 
of  Mineral  were  dislodged  and  driven  away.  The  premises 
were  then  vacant  and  Colo.  Smith,  slipped  in  with  the 
known  connivance  of  Dr.  Browne;  located  a  floating  con- 
cession, and  commenced  his  mineral  operations,  in  company 
as  I  hear  with  Dr.  Browne  himself.  — 

Complaints  have  been  made  by  some  of  the  People  of 
the  District  of  St  Charles,  that  the  Indians42  sometimes 
come  within  their  enclosures,  and  insist  on  planting  corn. 
There  are  at  this  time,  a  Family  of  Kickapoos43  who  have 
intruded  themselves  within  the  Fences  of  G.  Falis.44  I 
referred  Falis  to  General  Clark,  who  declines  doing  any 
thing  in  the  affair.  It  will  no  doubt  be  my  duty  to  remove 
them.  — 

Judge  Shrader45  some  time  ago,  reported  a  Bill,  for  the 

42  For  many  years  during  the  Spanish  regime  a  band  of  Sacs  wintered 
near  St.  Charles.  In  1804  their  chiefs  and  head  men  were  induced  to 
relinquish  the  claims  of  the  Sacs  and  Foxes  to  territory  jointly  claimed 
in  Wisconsin,  Illinois,  and  the  District  of  Louisiana.  Subsequent  treaties 
were  necessary  before  the  Indians  relinquished  their  hold  on  the  ceded 
territories  and  it  was  not  until  the  Black  Hawk  War  in  1832  that  the 
Indian  question  in  that  region  was  definitely  settled.  Osages,  Yankton 
Sioux,  Iowa,  and  Kickapoo  bands  from  time  to  time  appeared  in  the  St. 
Charles  region.  For  the  cession  of  1804,  see  Charles  C.  Royce,  Indian 
Land  Cessions  in  the  United  States,  Plates  17,  37,  65,  cession  no.  50. 

43  About  1768  the  Kickapoo  had  their  headquarters  at  Peoria.  They 
gradually  extended  their  range  to  the  Sangamon  River  Valley  and  to 
the  Wabash.  The  western  band  was  known  as  the  Prairie  band.  Their 
hunting  and  war  parties  from  time  to  time  penetrated  west  of  the  Mis- 
sissippi.    In  1797  there  was  a  Kickapoo  village  near  Ste.  Genevieve. 

44  George  Fallis  was  an  early  American  settler  at  San  Fernando  de 
Florissant  in  the  St.  Louis  District.  As  early  as  1798  he  owned  several 
tracts  of  land  in  that  neighborhood  and  in  1800  purchased  a  tract  on  the 
Missouri  River  near  St.  Charles. 

45  Otho  Schrader  was  an  Austrian  who  served  as  a  soldier  under  the 
Archduke  Charles.  He  migrated  to  Sunbury,  Pennsylvania.  Jefferson 
appointed  him  a  judge  of  the  Territory  of  Louisiana  to  succeed  Return 
J.  Meigs.    He  was  captain  of  the  Ste.  Genevieve  cavalry  company  in  1807. 


The  First  Acting-Governorship.  119 

removal  of  the  General  Court  to  St.  Genevieve.  This  Act 
of  congress  has  greatly  narrowed  the  discretion  of  the 
Legislature  on  this  subject;  by  saying  that  the  Courts  shall 
be  holden  at  such  place  as  will  be  most  convenient  to  the 
inhabitants  generally.46  —  It  would  be  with  reluctance  that 
I  should  give  my  assent  to  the  removal;  and  in  order  to 
ascertain  this  point  of  convenience,  or  center  of  population 
the  farther  consideration  of  the  Bill  has  been  postponed 
until  October  next. 


TO  HENRY  DEARBORN,  SECRETARY  OF  WAR 

St.  Louis  May  15  1807 
Sir, 

A  band  of  Osages  has  been  some  time  in  town.  We  learn 
from  them  that  Emissaries  have  been  at  their  Villages,  to 
give  them  assurances  of  protection  and  support  from  the 
Spanish  Government.47  We  also  learn  that  the  neigh- 
bouring nations  of  Indians  had  invited  the  Osages  to  asso- 

He  died  in  St.  Louis  in  1811  while  in  attendance  upon  a  council  of  the 
governor  and  territorial  judges.  The  name  often  appears  in  the  manu- 
scripts as  Shrader. 

46  Section  4  of  the  act  of  congress  of  March  3,  1805  providing  for  the 
government  of  the  Territory  of  Louisiana  said,  "There  shall  be  appointed 
three  judges,  who  shall  hold  their  offices  for  the  term  of  four  years,  who, 
or  any  two  of  them,  shall  hold  annually  two  courts  within  the  said  dis- 
trict, at  such  place  as  will  be  most  convenient  to  the  inhabitants  thereof 
in  general.     .     .     ."     U.  S.,  Statutes  at  Large,  II,  331-332. 

4?  When  Yrujo,  the  Spanish  minister  at  Washington,  heard  of  the 
acquisition  of  Louisiana  by  the  United  States,  he  thought  that  it  would 
precipitate  war.  The  Spanish  government,  however,  determined  to  avoid 
hostilities,  but  to  restrict  within  as  narrow  limits  as  possible  the  terri- 
tory which  the  United  States  had  purchased.  The  fact  that  the  bound- 
aries of  Louisiana  were  not  defined  by  the  treaty  aided  the  Spanish 
plan.     The   Spanish  forces  in  West   Florida  and   Texas  were  increased, 


120         The  Life  and  Papers  of  Frederick  Bates. 

ciate  with  them  for  some  warlike  purpose :  That  six  nations 
had  already  united,  and  that  the  Osages  were  expected  to 
be  the  seventh. 

These  People  have  been  told  of  the  strength  and  the 
justice  of  the  American  Government;  its  power  and  its 
willingness  to  protect  them  as  long  as  they  remain  faithful 
to  their  engagements:  and  that  its  resentments  will  be 
incurred  by  any  unfriendly  or  irregular  conduct  on  their 
part ;  and  that  they  could  hope  for  nothing  at  the  hands  of 
their  great  father,  should  they  be  so  thoughtless  as  to 
disclaim  the  protection  of  the  U  States. 

They  have  been  made  to  understand  that  the  Spaniards 
and  French  have  totally  abandoned  this  country  to  the 
Americans,  and  that  it  is  idle  and  mischievious  for  their 
Emissaries,  either  real  or  pretended,  to  promise  an  aid 
which  it  is  impossible  for  them  to  give.  — 

We  have  besides  conciliated  them  by  presents  of  Provi- 
sions and  a  few  articles  of  merchandize,  and  they  will 
probably  return  entirely  satisfied,  except  with  respect  to 

efforts  of  the  United  States  to  explore  the  Red  River  were  hampered,  and 
Spanish  expeditions  were  sent  out  on  the  great  plains  to  win  the  alle- 
giance of  the  tribes.  In  1804  Pedro  Vial  and  Jose  Calvert  led  an 
expedition  as  far  as  the  Arkansas,  but  were  driven  back  by  hostile  Indians. 
In  1805  Juan  Lucero  went  from  Taos  and  succeeded  in  forming  an  alliance 
with  the  Kiowas  and  in  making  peace  with  the  Comanches.  Late  in 
1805  Casa  Calvo  set  out  on  a  visit  to  the  tribes  along  the  east  Texas 
frontier.  About  the  middle  of  June,  1806,  an  expedition  of  one  hundred 
regulars  and  five  hundred  New  Mexican  militia  under  Melgares  set  out 
from  Santa  Fe  for  the  Pawnee  country.  The  commander  held  councils 
with  two  of  the  Pawnee  tribes,  and  presented  the  chiefs  with  medals 
and  flags.  He  did  not  make  definite  treaties  and  failed  to  make  enough 
of  an  impression  to  cause  the  tribes  to  turn  back  the  Pike  party.  For 
more  extended  treatment,  see  Isaac  J.  Cox,  The  early  Exploration  of 
Louisiana,  62-74;  Thomas  M.  Marshall,  The  Western  Boundary  of  the 
Louisiana  Purchase,  16-30. 


The  First  Acting-Governorship.  121 

the  alledged  neglect  of  the  Government  in  relation 
to  certain  establishments,  which  they  say  the  President 
promised  to  make  in  their  country  —  A  Mill  for  the 
grinding  of  corn,  and  a  Blacksmith's  Shop  for  the  repair 
of  their  arms  were  particularly  mentioned.  — 

I  do  not  think  that  we  have  danger  to  apprehend.  Every 
precautionary  measure  will  be  adopted,  and  should  it  make 
its  appearance,  we  will  endeavour  to  repel  it. 

A  letter  was  lately  received  by  a  Gentleman  of  this  place 
from  Lt.  Pike.48  A  party  of  about  300  Spaniards49  had 
left  the  Panis  Republic50  a  few  days  before  his  arrival. 
This  numerous  detachment  gave  to  the  Panis  a  high  idea  of 
the  strength  of  the  nation  to  which  they  belonged;  and  the 
power  of  the  U  States  they  imagined  was  fairly  repre- 
sented by  the  comparatively  inconsiderable  numbers  of  Lt. 
Pike.  It  was  impossible  for  him  to  correct  this  error :  He 
foresaw  much  difficulty  in  his  enterprize,  and  perhaps  oppo- 
sition on  the  part  of  the  Indians  to  his  farther  progress; 
but  was  resolved  to  persevere.  —  His  bills  for  expences 
incurred  in  this  expedition,  undertaken,  no  doubt,  by  order 

48  Zebulon  Montgomery  Pike  left  St.  Louis  on  July  15,  1806  in  com- 
mand of  twenty-three  men,  with  fifty-one  Indians  who  were  returning 
to  their  villages  on  the  Osage  and  Republican  rivers.  The  Pike  party 
went  up  the  Missouri  and  Osage  rivers  to  the  Pawnee  villages,  and  then 
into  the  far  Southwest  where  they  were  captured  by  the  Spaniards.  For 
the  entire  expedition  see  Pike,  The  Expeditions  of  .  .  .  (Coues,  ed.) ; 
"Papers  of  Zebulon  M.  Pike,  1806-1807"  (Herbert  E.  Bolton,  ed.),  in  The 
American  Historical  Review,  XIII,  798-827. 

49  The  Melgares  expedition. 

so  The  Pawnee  Republic  constituted  one  of  the  tribes  of  the  Pawnee 
nation.  When  the  United  States  acquired  Louisiana,  the  Pawnee  country 
lay  between  the  Niobrara  River  on  the  north  and  Prairie  Dog  Creek  on 
the  south.  Their  neighbors  on  the  east  were  the  Omaha,  Oto,  and  Kansas 
tribes.  Westward  they  ranged  to  the  Cheyenne  and  Arapaho  country 
of  Colorado  and  Wyoming. 


122         The  Life  and  Papers  of  Frederick  Bates. 

of  the  Government,51  have  been  forwarded  to  this  place.  I 
am  without  instructions  and  cannot  pay  them.  General 
Clark  and  Mr  Choteau  will  probably  give  you  more  explicit 
informations  than  it  is  in  my  power  to  do;  for  under  the 
existing  arrangements,  it  appears  to  me  that  the  Superin- 
tendent has  no  right  of  interference  in  the  details  of  Indian 
business.  I  have  certified  the  necessity  of  one  purchase, 
but  shall  in  future  decline  to  take  upon  myself  a  respon- 
sibility in  affairs  over  which  I  have  no  control.  — 

General  Clark  appears  to  entertain  other  sentiments, 
and  is  of  opinion  that  the  Superintendence  of  the  Governor 
remains  unimpaired  by  the  late  regulations. 

I  beg  that  you  will  instruct  me  in  my  duties,  and  what- 
ever they  may  be  I  shall  endeavour  faithfully  to  discharge 
them. 

When  in  the  city  Mr  Madison  gave  me  to  read  his  corre- 
spondence with  the  British  Minister  on  the  subject  of 
British  trade  west  of  the  Mississippi.52  In  it  was  demon- 
strated the  right  of  the  United  States  to  prohibit  such 

si  Pike  was  sent  into  the  Southwest  by  order  of  Wilkinson.  Appar- 
ently the  war  department  was  aware  of  the  projected  expedition  but  did 
not  openly  approve  it.  It  is  probable  that  Wilkinson  sent  Pike  on  a 
two-fold  mission:  to  carry  on  explorations  in  the  Southwest  and  make 
friends  with  the  plains  Indians;  to  get  into  Santa  Fe  and  spy  upon 
Spanish  territory,  a  project  connected  with  the  Mexican  designs  of  Burr 
and  Wilkinson.     I.  J.  Cox,  The  early  Exploration  of  Louisiana,  105-115. 

52  From  the  close  of  the  American  Revolution,  trade  with  the  Indian 
tribes  of  the  Old  Northwest  was  a  subject  of  discussion  between  the 
United  States  and  England.  After  the  purchase  of  Louisiana  the  acute- 
ness  of  the  situation  was  accentuated  by  the  fact  that  the  northern  and 
western  boundaries  were  undefined.  Fur  traders  and  frontier  officials 
of  both  powers  sought  to  extend  their  control  in  the  vast  region  between 
the  upper  Missouri  and  the  Great  Lakes. 

On  May  30,  1806  Madison  wrote  to  Monroe  and  Pinkney  as  follows: 
"Under  the  third  article  of  the  treaty  of  1794,  as  it  has  been  expounded, 
Indian  traders   on  each  side  have  a  right  to  resort  to  and  trade  with 


The  First  Acting-Governorship,  123 

trade  —  and  this  right  I  shall  consider  it  my  duty  to 
enforce  until  I  receive  orders  to  act  otherwise.  It  is  per- 
haps to  be  feared  that  the  Indians  will  feel  a  temporary 
distress  from  the  failure  of  those  supplies  which  they  have 
been  accustomed  to  receive  from  the  British  Traders.  But 
it  does  not  rest  with  me  to  relax  principles  or  to  concede 
rights  without  special  instructions  to  do  so. 


THE  SPEECH  OF  AN  OSAGE  INDIAN  ENCLOSED 
TO  THE  SECRETARY  OF  WAR  IN  THE 
FOREGOING  LETTER 
My  Father, 

Altho'  I  have  been  many  days  in  your  village  I  have  not 
before  taken  you  by  the  hand;  for  my  sorrows  bend  me  to 
the  earth,  and  I  have  no  pleasure  in  viewing  the  counten- 

the  tribes  within  the  limits  of  the  other  party,  with  an  exception  of  the 
country  covered  by  the  charter  of  the  Hudson's  Bay  Company.  This 
article  is  found  to  be  very  seriously  detrimental  to  the  United 
States.  ...  It  gives  to  the  British  traders  dealing  with  the  Indians 
on  our  side  of  the  boundary  opportunities  of  gaining  an  influence,  which 
it  cannot  be  doubted  that  they  have  frequently  employed  in  stirring  up 
the  Indians  against  the  United  States."  Madison  felt  that  the  mixture 
of  British  with  American  traders  produced  collisions  and  caused  them  to 
influence  the  Indians  to  be  partisan. 

The  Canadian  merchants  presented  a  memorial  to  the  British  foreign 
office  in  which  they  complained  that  in  violation  of  the  3d  article  of  the 
treaty  of  1794  "the  Governor  of  Louisiana  has  thought  proper  to  exclude 
them  from  the  commerce  of  that  extensive  province,  unless  they  abjure 
their  allegiance  to  his  majesty,  and  take  an  oath  of  allegiance  to  the 
United  States;  and  the  same  governor  has  also  taken  it  upon  himself 
to  prohibit  the  introduction  of  any  goods  or  merchandise  which  are  not 
the  property  of  citizens  of  the  United  States."  For  an  extended  corre- 
spondence on  the  whole  subject,  see  American  State  Papers,  Foreign 
Relations,  III,  126,  128,  152-153. 


124         The  Life  and  Papers  of  Frederick  Bates. 

ance  of  man.  I  once  was  the  husband  of  a  wife  whom  I 
loved :  She  bore  me  children  whom  I  took  a  pleasure  in 
instructing  in  the  fatigues  of  the  chase  and  in  the  exploits 
of  war :  —  But  I  am  now  neither  husband  nor  father.  My 
wife  has  been  ravished  from  me  by  the  enemies  of  my 
nation  and  my  children  are  captives  in  the  land  of 
strangers. 

Commiserate  I  implore  you  my  unhappy  situation  and 
relieve  me  from  the  load  of  wretchedness  under  which  I 
am  sinking. 

Our  great  Father  is  the  Friend  of  all  the  Eed  People, 
and  the  name  of  Chouteau  is  pronounced  with  respect, 
throughout  all  the  towns  and  villages  of  our  enemies. — 
Let  my  family  then  be  demanded;  for  your  voice  is  a  well 
known  sound,  which  reaches  thro'  every  forest,  and  is 
obeyed  by  the  Red  People  however  hostile  to  each  other, 
and  where  ever  dispersed  over  this  extended  country.  — 
The  Poutewatimies53  are  deaf  to  the  cries  of  the  unhappy, 
but  they  will  listen  with  submission  to  the  demands  which 
you  make. 

Let  the  husband  once  more  embrace  his  wife  ;•  Let  the 
Parent  see  his  children  again  in  his  wigwam  before  he 
seeks  his  last  refuge  from  sorrow  in  the  grave  and  is  for- 
gotten among  men.  — 

I  love  my  wife  and  my  children;  Pity  me  and  them  and 
cause  them  to  be  restored  to  me. — 

53  At  the  beginning  of  the  19th  century  the  Potawatomi  were  in  pos- 
session of  the  country  around  the  head  of  Lake  Michigan  from  the 
Milwaukee  River  in  Wisconsin  to  Grand  River  in  Michigan.  They  had 
about  fifty  villages.    In  the  War  of  1812  they  were  friendly  to  the  British. 


The  First  Acting-Governorship.  125 

TO  HENRY  DEARBORN 

St.  Louis  May  17.  1807. 
Sir, 

We  last  evening  received  accounts  which  render  it  very 
probable  that  Lt  Pike  together  with  his  whole  party  has 
been  cut  off.  — 

I  have  seen  a  letter  from  a  Trader  at  Otto,54  fifteen 
leagues  from  the  Panis  village  which  states  that  'One  part 
of  the  Americans  who  went  on  the  Mexican  expedition  has 
been  killed'. 

Lt  Wilkinson55  accompanied  Lt  Pike  as  far  as  the  Panis 
Republic  as  we  learn,  at  which  place  they  separated  and 
the  former  has  long  since  arrived  in  New  Orleans.  — 

The  Panis56  and  the  Padoes57  are  at  war:  The  former 
accuse  the  latter  of  having  sent  them  a  Defiance  with  this 
haughty  addition  'We  have  put  to  death  eleven  white  men 
completely  armed  and  equipped,  and  consequently  can  have 
no  fears  of  a  less  powerful  enemy. '  —  In  opposition  to  this 

54  The  Oto  were  an  offshoot  of  the  Missouri.  Their  principal  village 
at  one  time  was  near  the  site  of  modern  Omaha.  In  1807  it  was  located 
on  the  south  side  of  the  Platte  about  thirty  miles  from  its  mouth.  John 
Bradbury,  Travels  in  the  Interior  of  America  in  the  Years  1809,  1810, 
and  1811,  in  Early  Western  Travels  (Reuben  Gold  Thwaites,  ed.),  V,  74. 

55  Lieutenant  James  B.  Wilkinson,  the  son  of  General  Wilkinson, 
accompanied  Pike.  On  October  28,  1806  Lieutenant  Wilkinson  with  five 
soldiers  left  the  main  party  and  began  the  descent  of  the  Arkansas.  The 
point  of  departure  was  on  the  Arkansas  in  Pawnee  County,  Kansas,  about 
fourteen  miles  from  the  Pawnee-Barton  county  line.  For  Wilkinson's 
account  of  the  descent  of  the  Arkansas,  see  Pike,  The  Expeditions 
of    .     .     .     (Coues,  ed.),  II,  547-561. 

56  The  Pawnees. 

67  The  Padoes  or  Pados  were  the  Padoucah,  a  branch  of  the  Comanche. 
Herbert  E.  Bolton,  Athanase  de  Mezieres  and  the  Louisiana-Texas  Fron- 
tier, II,  87. 


126         The  Life  and  Papers  of  Frederick  Bates. 

it  is  suspected  that  during  a  state  of  war,  there  could  have 
been  no  intercourse  between  these  two  nations  of  Indians, 
and  that  as  the  Information  comes  from  the  Panis,  they 
must  have  been  the  Perpetrators  of  this  outrage.  If 
indeed  the  Government  has  lost  this  prudent,  enterprizing 
and  valuable  officer,  it  is  of  little  moment  which  of  these 
disaffected  tribes,  has  arrested  the  career  of  his  useful- 
ness. — 

I  still  hope  that  the  report  is  a  groundless  one ;  yet  it  is 
credited,  and  from  the  known  peril  and  danger  of  his  situa- 
tion when  he  last  wrote,  I  fear  that  he  has  really  fallen 
a  Sacrifice. 

The  Spanish  Party  which  preceded  him  but  a  few  days, 
no  doubt  prepared  the  minds  of  the  Indians  for  this 
violence.  — 


WILLIAM  C.  CAKE58  TO  CHAELES  CAEE, 
LEXINGTON,  KENTUCKY 

St.  Louis  the  28th  May  1807 
Dear  Brother, 

Yours  of  the  20th  March  came  to  hand  some  time  since  — 
But  I  have  failed  to  answer  it  until  now  because  of  the 
intervention  of  our  general  court  which  has  just  broke  up. 
The  several  articles  mentioned  in  your  letter  have  also 

ss  William  C.  Carr  was  born  in  Albemarle  County,  Virginia,  on  April 
15,  1783.  He  was  educated  for  the  law.  He  came  to  Louisiana  in  1804, 
practiced  law  for  a  year  at  Ste.  Genevieve,  and  then  moved  to  St.  Louis 
where  he  soon  became  prominent.  In  1805  he  was  appointed  agent  of  the 
United  States  to  investigate  land  claims.  He  was  elected  speaker  of  the 
Missouri  territorial  assembly  in  1812.  The  Carr  home,  built  in  1815, 
stood  at  the  southeast  corner  of  Main  and  Spruce  streets,  St.  Louis. 


The  First  Acting-Governorship.  127 

been  received  and  upon  admeasurement  I  find  the  piece  of 
linnen  to  be  compleat  —  I  return  you  my  thanks  for  your 
goodness  &  shall  remit  the  amount  of  the  bill  by  Mr.  John 
Lourey  who  will  leave  this  for  Lexington  in  the  course  of 
a  week.  — 

The  board  of  Commissioners  have  been  unemployed 
during  all  the  last  Winter  —  in  consequence  of  the  absence 
of  Donaldson  the  Eecorder  &  also  a  Commr.  —  He  left 
this  early  last  fall  for  the  City  of  Washington  with  a  deter- 
mination of  having  Mr  Lucas  displaced  as  Commissioner 
&  impeached  as  a  Judge  —  But  unfortunately  for  him  he 
was  upon  his  arrival  there  displaced  himself;  and  Fred- 
erick Bates  lately  of  Detroit  appointed  in  his  place,  and 
also  in  the  place  of  Doctor  Browne  late  Secretary  of  this 
territory ;  likewise  removed.  I  have  the  pleasure  to  inform 
you  that,  the  few  whom  you  have  doubtless  seen  published 
in  the  papers,  as  being  the  only  persons  in  the  territory 
opposed  to  the  administration  of  Wilkinson,  continue  to 
receive  daily  instances  and  marks  of  approbation  from  the 
government  and  that  they  are  now  compleatly  trium- 
phant —  But  we  enjoy  our  triumph  with  moderation.  We 
despise  to  manifest  that  indecent  extoxication  of  success 
which  marked  the  conduct  of  Wilkinson  &  his  friends  when 
informed  of  the  Confirmation  of  his  appointment.  I  hope 
&  believe  that  the  revolution  of  a  few  more  months  will 
amply  suffice  to  restore  us  once  more  to  peace  &  har- 
mony— 

Perhaps  you  have  seen  the  act  passed  at  the  last  session 
of  Congress  "concerning  land  titles  in  the  territories  of 
Orleans  &  Louisiana"  —  If  so  you  have  doubtless  seen  that 
the  respective  officers  of  the  board  are  to  be  paid  annually 
from  and  after  the  first  day  of  July  next  —  Provided  they 


128         The  Life  and  Papers  of  Frederick  Bates. 

do  not  continue  in  session  longer  than  eighteen  months. 
In  this  time  I  expect  we  shall  be  able  to  compleat  the 
adjustment  of  the  titles  for  this  territory  —  The  Commis- 
sioners receive  $2000  &  the  Clerks  &  agents  $1500  per  year 
respectively. 

From  the  enquiries,  which  I  learn  you  have  been  making 
of  various  persons;  and  perhaps  from  what  you  have 
understood  through  other  sources  you  entertain  an  expec- 
tation of  my  marriage59  —  To  you  Who  have  ever  been  so 
good  a  brother  to  me  I  will  not  be  so  uncandid  as  to  deny 
the  propriety  of  this  expectation  —  Nay  I  do  in  reality 
expect  it  myself  —  But  at  what  time  I  cannot  say  —  Per- 
haps not  for  some  time  yet  — 

To  this  measure  I  am  urged  not  by  a  foolish  passion  I 
hope  —  but  by  a  determination  of  a  permanent  residence  in 
this  country  —  From  the  most  serious  reflection  I  do  believe 
marriage  necessary  to  every  man  who  is  located  &  engaged 
in  the  pursuit  either  of  professional  eminence  or  wealth  — 
I  have  now  become  as  it  were  so  connected  with  this 
Country  that  I  cannot  leave  it  without  manifest  injury  to 
myself  —  Besides  I  am  induced  to  believe  that  the  pros- 
pects ahead  are  sufficiently  promising  to  warrant  my 
remaining  here  —  Should  I  determine  to  marry  I  shall  be 
obliged  to  trouble  you  again  so  far  as  to  purchase  me  a 
young  negro  woman  proper  for  the  kitchen  if  to  be 
obtained  —  It  is  possible  however  I  may  obtain  one  here  — 
and  as  it  will  be  impossible  for  me  to  visit  Kentucky  for 
some  time  yet  I  shall  again  write  you  on  this  subject  as 
[circumstances]  may  render  necessary —    .     .     . 

so  That  year  William  C.  Carr  married  Ann,  a  daughter  of  Dr,  Aaron 
Elliott,  a  Connecticut  man,  who  settled  at  Ste.  Genevieve  soon  after  the 
acquisition  of  Louisiana  by  the  United  States. 


The  First  Acting-Governorship.  129 

CHRISTOPHER  ANTHONY,  JR.  TO  BATES 

Richmond  May  28  1807 
Dear  Sir, 

I  have  for  sometime  past  wish'd  to  settle  in  some  part 
of  the  Mississippi  or  Louisiana  territory,  and  designed  this 
summer  to  have  paid  a  visit  to  the  country,  but  I  begin 
to  be  apprehensive  I  shall  not  be  able  to  take  so  long  a 
journey. 

If  you  could  at  some  leisure  time,  give  me  such  infor- 
mation respecting  the  country,  as  your  short  residence 
may  have  enabled  you  to  collect,  you  will  greatly  oblige  me. 
It  will  be  my  intention  to  persue  the  mercantile  business, 
and  I  shall  bring  an  assortment  of  Goods  with  me.  My 
views  have  been  principally  turned  towards  the  Mississippi 
territory,  but  as  I  have  some  reason  to  think  Daniel  Couch, 
and  some  other  of  my  Goochland  friends  will  settle  in  the 
territory  in  which  you  reside,  and  as  I  apprehend  that 
territory  has  many  advantages  in  point  of  health,  I  have 
concluded  to  abandon  my  original  intention  of  settling  at 
the  Natches.  Will  you  have  the  goodness  to  inform  me 
what  are  the  principle  articles  of  trade,  the  means  of  trans- 
porting them  to  market,  together  with  such  remarks  as  will 
be  useful  in  forming  opinion  respecting  the  country. 

You  have  'doubtless  heard  that  trial  of  Colo  Burr  is 
expected  to  take  place  before  the  federal  court  now  siting 
at  Richmond,  When  he  was  first  brought  to  this  state,  he 
was  committed  by  the  Chief  Justice  of  the  United  States, 
on  a  charge  of  misdemeanor,  and  bail'd  in  the  sum  of 
10,000  dollars.  The  court  has  now  been  in  sission  upwards 
of  a  week,  and  the  Grand  Jury  have  adjourned  from  day 
to  day,  waiting  the  arrival  of  General  Wilkinson,  who  it  is 


130         The  Life  and  Papers  of  Frederick  Bates. 

ascertained  in  [sic]  his  way  to  Richmond."0  Mr  Hay61 
made  a  motion  yesterday  to  confine  Burr  on  a  charge  of 
treason,  the  court  went  into  an  examination  of  witnesses 
in  support  of  the  charge,  and  after  hearing  two  of  Blan- 
nerhassetts  domestics,  it  was  determined  that  Burr  should 
enter  into  a  recognisance  in  a  further  sum  of  $10,000.  It 
is  expected  on  the  arrival  of  General  Wilkinson,  that  the 
attorney  for  the  United  States,  will  make  a  motion  to 
commit  Burr  to  close  jail,  lest  he  should  make  his  escape. 
The  public  sentiment,  so  far  as  I  have  been  able  to  collect 
it,  respecting  this  important  trial,  is  very  much  against 
Burr;  many  believe  he  will  not  stand  his  trial,  and  there 
does  not  exist  a  doubt  with  any  as  to  his  guilt.  The  con- 
course of  people  attending  the  trial  is  prodigious.  The 
counsel  for  Burr  are,  Wickham,  Randolph,  and  Luther 
Martin  from  Baltimore.62 

I  have  the  satisfaction  to  inform  you  that  your  Mothers, 
and  Brothers  f amalies  are  in  health  —  pray  excuse  the 
trouble  I  have  given  you. 


A  PROCLAMATION 

By  Frederick  Bates  Secretary  of  the  Territory  of  Lou- 
isiana, and  exercising  the  Government  thereof.  — 

Whereas  the   Congress  of  the  U  States  at  their  last 
session  passed  an  act,  authorizing  the  President  to  accept 

eo  This  should  read,  who  it  is  ascertained  is  on  his  way  to  Richmond. 

ei  George  Hay,  the  prosecuting  attorney  at  the  Burr  trial,  was  a 
prominent  Virginian.  He  was  assisted  by  William  Wirt  and  Alexander 
MacRae. 

62  Burr's  lawyers  were  Edmund  Randolph,  attorney  general  and  sec- 
retary of  state  under  Washington,  John  Wickham  and  Benjamin  Botts, 
prominent  Virginia  lawyers,  and  Luther  Martin  of  Maryland. 


The  First  Acting-Governorship.  131 

the  service  of  a  number  of  volunteer  companies,  either  of 
Artillery,  Cavalry  or  Infantry,  who  may  associate  and 
offer  themselves,  not  exceeding  30,000  men;  the  conditions 
of  which  acceptance  should  be  as  follows  to  wit  (enume- 
rated in  the  original) 

And  whereas  the  President  of  the  U  States  has  demanded 
of  the  Governor  of  this  territory  the  exertion  of  his  zealous 
endeavours  for  carrying  into  effect  the  views  of  the  General 
Government  on  this  important  subject: 

I  therefore  refer  the  Inhabitants  of  Louisiana  to  the  Act 
of  Congress,  the  leading  features  of  which  are  detailed 
above,  and  invite  them  to  embrace  the  opportunity  which  is 
afforded  them  of  evincing  their  patriotism  and  their  valour. 

After  your  association  and  acceptance  you  will  continue 
to  perform  militia  duty  as  heretofore,  until  aggression 
either  committed  or  intended,  shall  make  it  necessary  to 
call  you  into  action.  Then  I  am  instructed  to  say  to  you, 
it  will  not  be  for  a  lounging,  but  for  an  active  and  perhaps 
a  distant  service.  These  excitements  will  have  an  opera- 
tion on  the  minds  of  all;  but  it  is  to  the  bold  the  enter- 
prizing  and  the  adventurous  that  I  more  particularly 
address  myself.  You  have  heard  of  'Choice  Spirits'  to 
whom  the  dull  pursuits  of  civil  life  could  be  no  gratifica- 
tion; yet  you  have  scorned  to  draw  your  swords  in  the 
cause  of  Dishonor,  and  have  patiently  waited  for  the 
moment,  when  the  father  of  the  American  People  should 
sanction  your  enterprize,  and  foster  those  noble  sentiments 
of  patriotism,  and  that  thirst  for  Distinction,  by  which 
you  have  been  ever  animated.  When  these  heroic  attributes 
are  employed  in  the  vindication  of  right,  in  the  chastise- 
ment of  injury  and  wrong,  and  in  the  rescue  of  the  Amer- 
ican name  from  reproach,  I  know  that  your  ardour  must  be 


132         The  Life  and  Papers  of  Frederick  Bates. 

irresistible  and  your  triumph  complete.  The  Destinies 
of  that  name  are  bursting  those  limits  which  Ignorance  and 
Idleness  assigned  and  the  political  views  of  the  People 
should  expand  in  proportion  to  the  extensiveness  of  the 
national  prosperity.  The  Spirit  and  Genius  of  the  Amer- 
ican Government  will  never  suffer  it  to  aggrandize  itself 
by  trampling  on  the  rights  of  others;  but  it  will  defend 
and  inviolably  preserve  its  own.  You  are  invited  to 
cooperate  in  this  defence;  not  that  our  aid  is  essential  to 
the  success  of  the  atchievement  [sic]  but  as  being  the 
youngest  branch  of  the  great  American  Family,  we  are 
indulged  with  an  opportunity  of  signalizing  ourselves,  and 
of  proving  our  claims  to  those  civil  immunities  which  in 
due  time  will  be  conferred  upon  us.  It  is  necessary  how- 
ever that  you  should  be  prompt;  for  I  entertain  no  doubts 
that  owing  to  a  statutory  limitation  of  numbers,  and  the 
zeal  for  this  service,  that  the  voluntary  Enrolments  will 
be  finished  in  a  few  months,  after  which  your  tardy  appli- 
cations would  be  unavoidably  rejected.  — 

Altho  the  Governor  for  the  time  being  reserves  to  himself 
the  exercise  of  a  cautious  discretion  with  respect  to  the 
appointments  to  office,  yet  he  will  pay  the  utmost  deference 
to  the  wishes  of  the  volunteer  companies  on  this  subject. 
In  testimony  whereof,  I  have  to  these  presents  affixed  the 
territorial  seal  &  subscribed  by  name  at  St  Louis  the  28th 
day  of  May  1807  and  in  the  31  year  of  Independence. 

F.  BATES 


TO  HENRY  DEARBORN 
SlE  St.  Louis  May  30.  1807. 

I  had  the  honor  of  receiving  two  days  ago  the  instruc- 
tions of  the  President,  requiring  the  zealous  endeavours 


The  First  Acting-Governorship.  133 

of  the  Governor  of  this  Territory  for  the  execution  of  an 
act  of  the  last  Session  authorizing  him  to  accept  the  service 
of  30,000  volunteers.  —  The  earnestness  with  which  the 
President  has  made  this  demand,  will  induce  me  in  the 
absence  of  Governor  Lewis,  to  employ  every  possible  effort 
for  accomplishing  his  wishes.  —  A  Proclamation,  the  Copy 
of  which  I  enclose,63  has  been  sent  into  various  parts  of  the 
territory,  and  I  shall  myself  visit  St.  Genevieve  and  per- 
haps Cape  Girardeau  in  a  few  days.  — 

Of  one  thing  it  is  my  duty  to  apprize  you :  The  military 
spirit  of  the  country  will  be  found  only  in  the  settlements 
of  the  Americans;  and  should  the  old  Inhabitants  offer 
their  services,  but  little  reliance  could  be  placed  upon  them. 
There  might  be  some  individual  exceptions;  but  I  speak 
with  certainty  arising  from  intimate  knowledge  of  their 
general  character.  —  They  are  blameless  and  inoffensive 
for  the  most  part,  but  they  know  nothing  of  the  duties  of  a 
soldier,  and  could  never  be  dragged  into  action  either  with 
Spaniards  or  Indians.  If  the  spirit  and  the  enterprize  of 
the  Territory  should  be  drawn  from  it,  for  the  national 
defence,  we  might  possibly  be  exposed  to  the  predatory 
excursions  of  our  marauding  neighbours.  It  is  even  a 
prevalent  opinion,  that  a  few  companies  of  Regulars  are 
necessary  for  our  Security  —  Of  this,  I  am  not  entirely 
convinced,  yet  I  have  no  doubt,  that  such  a  force  or  perhaps 
a  greater,  will  in  a  short  time  become  indispensable  for 
the  protection  of  our  trade  on  the  waters  west  of  the  Miss- 
issippi. Some  efficient  system,  ought  I  think,  to  be 
adopted,  to  counteract  the  mischievous  tendencies  of  foreign 
interference. 

The   excluded   British   Trader  will   still   find  an  illicit 

es  The  proclamation  referred  to  is  that  of  May  28. 


134         The  Life  and  Papers  of  Frederick  Bates. 

passage  into  the  wintering  grounds.  And  when  there, 
either  in  person  or  by  agent,  he  will,  by  misrepresentation 
of  facts,  and  by  intrigues  of  various  kinds,  endeavour  to 
alienate  the  Infant  attachments  of  the  Indians  from  the 
American  Government.  They  have  often  I  am  told, 
assumed  a  language  of  insolence  to  which  they  were  not 
formerly  accustomed. 

We  have  no  recent  informations  in  which  we  can  confide 
with  respect  to  the  Fate  of  Lt.  Pike.  It  is  indeed  said,  that 
the  Panis  have  lately  brought  into  their  villages,  guns, 
tin  cups,  and  other  articles  of  travelling  Equipage,  which 
some  persons  are  disposed  to  take  as  a  confirmation  of  the 
original  Eeport:  But  I  shall  continue  to  hope,  that  his 
genius  and  his  prudence  have  baffled  the  savage  stratagems 
of  his  enemies,  until  his  defeat  becomes  absolutely  unques- 
tionable. 


TO  ALBERT  GALLATIN 

glB  St.  Louis.  May  30.  1807.— 

I  was  honored  two  days  ago,  with  your  letter  of  the  3d 
of  April,  which,  with  its  accompaniments,  to  wit,  the  Forms 
of  Certificates,  of  Returns,  and  the  Law  was  laid  before 
the  board  of  commissioners,  the  day  before  yesterday. 

On  the  first  day  of  April  I  arrived  at  St  Louis;  a  few 
days  after  which,  on  the  return  of  Judge  Lucas  from  the 
Country,  I  communicated  the  Instructions  of  which  I  was 
the  bearer.  — 

We  have  met  every  third  day  for  the  purpose  of  receiving 
testimony ;  very  little,  however  has  been  produced,  and  it  is 
evident  that  the  People  view  the  Board  with  distrust, 
occasioned  probably  by  the  unhappy  misunderstandings  of 
last  year. 


The  First  Acting-Governorship.  135 

I  sincerely  hope  that  the  business  will  now  be  done; 
altho'  it  is  surely  impossible,  that  there  should  ever  be  a 
personal  cordiality  between  all  the  members  of  the 
Board.  —  I  recollect  with  gratitude,  your  advices  to  me, 
on  the  subject  of  party  differences  and  shall  endeavour  to 
profit  by  them. 

There  is  very  strong  reason  to  believe,  that  continual 
encroachments  and  intrusions  are  making  on  the  Lead 
mines  of  the  United  States.  My  Predecessor  Dr.  Browne, 
if  ever  he  received  Instructions  on  these  subjects,  has  not 
communicated  them  to  me:  and  until  you  prescribe  the 
manner  in  which  these  speculations  are  to  be  dealt  with, 
there  is  no  authority  that  I  know  of,  in  the  territory,  by 
which  their  rapacity  can  be  controuled.  —  The  Present- 
ments of  Grand  Juries  on  these  subjects  would  be  a  vain 
and  nugatory  remedy.  If  the  mischief  cannot  be  corrected 
by  the  Public  Agents,  the  Courts  of  Justice  can  never  do 
it  thro'  the  interposition  of  the  People,  as  Jurors. 

When  a  rich  mine  is  discovered,  the  owner  of  a  floating 
concession  locates  it  immediately,  and  strengthens  the 
establishment,  by  collecting  about  him,  a  set  of  desperate 
young  men,  who  have  in  some  instances  declared  that  they 
would  not  obey  an  order  of  removal.  —  The  profits  of  these 
mineral  Diggings  are  immense,  and  merit  in  a  high  degree 
the  attention  of  the  Government. 


TO  RICHARD  BATES 

St.  Louis  May  31.  1807. 

The  difficulties,  my  dear  Rd.  with  which  I  have  to  contend 
in  this  country  are  numberless  and  almost  insurmountable. 
As  yet,  I  do  not  know  however  that  I  have  committed  any 


136         The  Life  and  Papers  of  Frederick  Bates. 

serious  Errors;  tho'  plans  of  circumvention  and  counter- 
action are  continually  contriving  for  my  embarrassment.  — 
The  onward  course  of  Justice  must  be  pursued,  uninflu- 
enced by  the  persuasions  of  friends,  or  the  intimidations 
of  those  who  very  foolishly  imagined  that  'I  should  be 
compelled  to  leave  the  country  in  six  weeks'.  While  I  have 
the  honor  of  administering  the  Government,  I  will  never 
suffer  myself  as  a  Public  Officer,  to  recollect  that  I  have 
one  private  enemy  in  the  territory.  — 

The  District  of  St  Genevieve  is  the  seat  of  more  disorder, 
than  any  other  part  of  this  country.  In  it  are  situated 
those  unexhaustible  Lead  Mines  of  which  I  have  before 
spoken  to  you.  On  these  sources  of  unbounded  wealth, 
Speculators  of  the  most  desperate  and  daring  cast  of  char- 
acter are  making  continual  intrusions.  From  the  collision 
of  interests  in  these  fraudulent  pursuits,  very  imbittered 
contests  have  arisen,  and  the  contending  parties  are  always 
armed  for  attack  as  well  as  defence  with  Pistols  &  Durks 
and  sometimes  with  Eifles  also.  These  weapons  are  gener- 
ally worn  in  other  places,  to  defend  ourselves  from  the 
assaults  of  a  Ruffian :  But  in  Louisiana,  the  case  is  widely 
different.  We  sometimes  hear  of  a  Gentleman  brandishing 
his  weapon,  and  following  for  the  purpose  of  assassination, 
an  unarmed  man,  thro'  the  house,  the  yard  and  the  garden, 
after  having  beaten  and  gouged  him.  At  the  last  Court,  the 
Jury  gave  a  countryman  the  sum  of  120  dols.  in  damages, 
against  a  Bravo-Erratic,  who  had  gouged  both  his  Eyes 
out;  and  deprived  him  of  the  most  remote  possibility  of 
ever  again  beholding  the  light  of  Heaven.  Some  of  these 
men,  disdain  a  submission  to  the  Laws,  and  appear  deter- 
mined to  carve  their  way  thro'  life  with  Rifle,  Pistol  & 
Daggers.  —  The  public  sentiment  has  acquired  an  aston- 


The  First  Acting-Governorship.  137 

ishing  degree  of  ferocity,  and  God  knows  where  it  will 
end.  —  One  of  the  Land  Commissioners  was  reminded  a 
few  days  ago,  that  the  board  had  very  extensive  powers 
under  the  Act  of  the  last  Session64  and  that  they  must 
gratify  the  expectations  of  the  People  or  expect  to  feel 
their  resentments.  The  Commissioner  who  was  Judge 
Lucas,  replied:  'I  shall  do  my  duty;  and  my  Fate,  should 
I  die  at  my  Post  will  be  preferable  to  that  of  my  murderer, 
who  must  suffer  on  a  Gibbet. '  — 

Every  thing  that  the  Executive  and  the  courts  of  Justice 
can  do  to  suppress  these  violences,  will  not  have  an  imme- 
diate effect.  John  Smith,65  lately  of  Tennessee,  the  brother 
in  law  of  Mr.  Early66  a  member  of  Congress,  and  endowed 
with  many  estimable  qualifications,  has  contributed  more 
than  any  other  persons  to  render  these  abuses  fashionable. 
He  held  several  of  the  most  honorable  territorial  offices, 
from  all  of  which  I  have  thought  it  my  duty  to  dismiss 
him.  —  He  is  now  confined  to  his  bed,  from  several  severe 
wounds,  received  in  a  late  Rencontre,  in  which  it  is  said 
that  he  acted  on  the  defensive.  He  will  recover  altho  he 
has  one  Rifle  Ball,  thro'  his  body  and  a  deep  gash  in  the 
thigh.  His  antagonist  was  dreadfully  mangled  and  expired 
on  the  spot. 

My  dear  Rd.  this  is  not  a  moment  when  you  should  visit 
this  distracted  country.  The  situation  of  affairs  must 
change ;  when  they  do,  I  know  it  will  be  in  my  power  to  offer 
you  advantageous  inducements.  —  At  this  time  Slander, 
Detraction  and  Violence,  stalk  thro  our  forests,  as  well  as 

64  Act  of  April  21,  1806.     U.  S.,  Statutes  at  Large,  II,  391-395. 
es  John  Smith  T. 

as  Peter  Early,  a  member  of  the  bar  of  Wilkes  County,  Georgia,  served 
his  state  in  congress,  1803-1807.    He  was  governor  of  Georgia,  1813-1815. 


138         The  Life  and  Papers  of  Frederick  Bates. 

our  villages;  and  the  Hermitage  as  well  as  the  lovely  Man- 
sions of  the  wealthy  are  visited  by  these  intrusive  Inter- 
lopers. 

I  shall  write  you  frequently,  but  it  will  not  be  proper 
that  any  Extracts  of  my  letters  should  be  published;  they 
will  travel  back  and  occasion  unpleasant  altercation.  — 

In  the  commencement  of  your  practice  you  must  be  in 
want  of  money  and  when  in  Va.  I  should  have  pressed  a 
small  sum  upon  you,  if  I  could  have  spared  it.  I  was  then 
coming  a  stranger  into  a  distant  and  extravagant67 
Country,  where  a  considerable  sum  was  indispensable  to 
support  my  Independence,  and  to  act  in  a  sphere  which 
my  office  appeared  to  require.  These  obstacles  are  now 
removed,  and  I  entreat  you  to  present  the  enclosed  to  our 
brother,  and  inform  me  of  the  result.  If  he  declines,  I  will 
make  other  arrangements  —  Adieu  —  My  affectionate 
Respects  to  all  the  Belmont  family.  —  "What  can  be  the 
reason  of  their  silence?  —  I  have  not  had  a  line  from  Va. 
since  I  left  you.  —  God  bless  you  all.  .  .  . 
[P.  S.]  Letter  of  Cr  to  C.  F.  B.68  for  400  dols. 


TO  HENRY  DEARBORN 

oIR  St.  Louis  June  1.   1807. 

I  have  the  honor  of  enclosing  a  General  Return  of  the 
Militia  of  Louisiana.69 

67  The  following  prices  were  obtained  in  Cape  Girardeau  in  1806: 
calico  $1.00  a  yard,  linen  75  cents  a  yard,  pins  Z\x/±  cents  a  paper,  sugar 
25  cents  a  pound,  note  paper  50  cents  a  quire.  See  Robert  S.  Douglass, 
History  of  Southeast  Missouri,  I,  186;  Amos  Stoddard,  Sketches  of 
Louisiana,  229;  Rufus  Babcock,  Memoir  of  John  Mason  Peck,  85. 

cs  Charles  Fleming  Bates. 

ss  In  the  militia  returns  for  1807  submitted  by  Jefferson  to  congress, 
the  return  for  the  Territory  of  Louisiana  was  as  follows:     general  and 


The  First  Acting-Governorship.  139 

The  present  organization  is  incomplete  and  the  law  itself 
extremely  defective.70  It  is  now  under  revision,  and  the 
assistance  of  General  Clark,  together  with  an  experience 
of  former  defects,  will  enable  us  to  remedy  the  ineffici- 
encies of  the  late  Kegulations. 


TO  JOSEPH  McFERRON71 
Sir,  St.  Louis.  June  2d.  1807. 

It  is  believed  to  be  unusual  in  cases  similar  to  yours,72 
for  the  Executive  to  reply  to  letters  of  defence,  or  to  Peti- 
tions for  reinstation.  —  But  yours  I  confess  is  not  a  com- 
mon case,  and  very  few  which  have  come  under  my  obser- 
vation can  claim  a  similarity  to  it.  — 

The  accusations  and  the  proofs  will  be  detailed  to  you 

field  staff — 1  brigadier-general,  1  adjutant-general,  1  brigadier-major;  field 
officers  and  regimental  staff — 5  lieutenant-colonels  commandant,  12  majors, 
4  adjutants,  3  quartermasters,  3  paymasters;  cavalry — 4  captains,  6  lieu- 
tenants, 4  cornets,  14  surgeons,  1  musician,  154  dragoons;  infantry — 39 
captains,  37  lieutenants,  40  ensigns,  140  sergeants,  6  musicians,  and  1973 
privates.  Arms  were  reported  as  follows:  rifles,  744;  muskets,  320. 
Am.   State   Papers,   Military  Affairs,   I,   231-234. 

70  On  October  1,  1804  the  governor  and  judges  of  Indiana  Territory, 
to  which  the  District  of  Louisiana  was  then  attached,  passed  an  act 
establishing  and  regulating  the  militia.     Mo.  Territorial  Laws,  I,  42-46. 

7i  Bates  addressed  McFerron  as  "late  Clerk  of  the  Court  of  General 
Sessions  and  Prothonotary  of  the  Court  of  Common  Pleas  for  the  District 
of  Cape  Girardeau."  He  was  a  native  of  Ireland  who  came  to  Upper 
Louisiana  before  the  purchase.  He  taught  school  at  Mt.  Tabor  in  the 
American  settlement  west  of  Cape  Girardeau  and  was  the  first  clerk  of 
the  Cape  Girardeau  court. 

72  Shortly  before  this  McFerron  killed  William  Ogle,  a  merchant  of 
Cape  Girardeau,  in  a  duel.  McFerron  resigned  his  clerkship,  but  public 
sympathy  was  on  his  side,  and  he  was  soon  reinstated.  At  a  later  date 
he  served  as  clerk  of  the  circuit  court  of  Cape  Girardeau  and  of  the 
supreme  court  of  the  4th  judicial  district.  He  was  a  member  of  the 
constitutional  convention  and  of  the  1st  general  assembly.  He  died  Feb- 
ruary 5,  1821  at  the  age  of  41. 


140         The  Life  and  Papers  of  Frederick  Bates. 

be  Mr.  Harbison,73  who,  by  taking  this  trouble  upon  him- 
self, will  spare  me  the  unpleasant  task  of  recapitulating 
them. 

The  long  and  respectable  list  of  names  subscribed  to  the 
Petition,  ought  to  convince  the  world,  that  your  foibles  if 
you  have  any,  are  more  than  counterbalanced  by  those 
virtues,  which  adorn  the  man  and  the  citizen.  Still,  how- 
ever, the  charge  as  respects  the  officer,  and  amounting  to 
official  disqualification,  stands  unimpaired.  It  has  been 
sworn  to  by  persons,  whom  I  have  been  induced  to  consider 
as  respectable,  and  there  could  be  no  hesitation  with  respect 
to  the  course,  which  as  the  Guardian  of  the  Public  Interests 
in  this  respect,  I  was  bound  to  pursue.  — 

If  I  could  be  convinced  that  you  had  fallen  a  sacrifice  to 
the  false  and  malicious  accusations  of  your  enemies,  I 
never  should  cease  to  lament,  the  impositions  which  had 
been  practised  on  myself,  and  the  injustice  which  you  had 
suffered  in  consequence  of  them.  —  But  ought  one  Injus- 
tice, after  it  is  shown  to  be  so,  to  be  remedied  by  the  com- 
mission of  another!  — 

I  have  acted  on  evidence,  the  truth  of  which  I  could  not 
question;  and  it  is  my  duty  to  add,  however  reluctantly, 
that  the  affair  is  now  beyond  my  control.  — 


TO  DR.  JOSEPH  BROWNE 

glE  St.  Louis  June  3.  1807 

The  Bonds74  given  by  persons  engaged  in  Indian  trade 
have  not  been  delivered  to  me. 

73  George  C.  Harbison,  an  attorney. 

74  Section  7  of  an  act  of  congress  of  March  30,  1802  provided  that  all 
persons  engaged  in  Indian  trade  were  required  to  have  a  license  issued 


The  First  Acting-Governorship,  141 

Will  you  have  the  goodness  to  inform  me  whether  they 
remain  in  your  hands ;  and  whether  they  ought  not  to  have 
been  deposited  in  my  office? 


TO  WILLIAM  H.  ASHLEY75 

St.  Louis  June  13.  1807 
Sir, 

I  have  received  your  note,  resigning  your  commission  of 
captain  in  the  Militia  of  the  district  of  St.  Genevieve. 

This  Resignation  is  a  matter  of  right  on  your  part;  and 
the  acceptance  thereof,  a  thing  of  course  on  mine. 

With  my  thanks  for  all  the  faithful  services  which  you 
may  have  rendered  the  District,  I  tender  to  you  my  Salu- 
tations and  respects.76 

by  the  superintendent  of  the  department  or  by  some  other  authorized 
person;  the  trader  was  required  to  enter  into  bond  of  one  thousand  dol- 
lars with  one  or  more  approved  sureties,  to  respect  the  regulations  and 
restrictions  governing  trade  with  Indian  tribes.  U.  S.,  Statutes  at  Large, 
II,  142. 

75  William  Henry  Ashley  was  born  in  Powhatan  County,  Virginia,  in 
1778.  The  date  of  his  removal  to  the  Territory  of  Louisiana  is  unknown. 
Dale  (The  Ashley-Smith  Explorations,  59)  says  that  he  came  in  1808,  but 
the  above  letter  shows  that  this  is  an  error.  Ashley  engaged  in  survey- 
ing; on  one  of  his  surveying  trips  he  discovered  "Ashley's  Cave"  on 
Cave  Creek,  about  eighty  miles  southwest  of  Potosi.  The  cave  yielded 
commercial  saltpetre.  Ashley  engaged  in  the  manufacture  of  gunpowder 
at  Potosi  and  carried  on  the  business  for  several  years.  In  the  mining 
business  he  had  as  an  associate  Andrew  Henry.  In  1822  they  gave  up 
mining  and  became  partners  in  the  fur  trade.  For  Ashley's  career,  see 
Harrison  Clifford  Dale,  The  Ashley-Smith  Explorations  and  the  Discovery 
of  a  central  Route  to  the  Pacific,  59-177. 

76  In  his  letter  book  Bates  appended  the  following  note:  Letters  of 
similar  import  and  tenor  were  sent  to  several  of  the  officers  of  the  militia 


142         The  Life  and  Papers  of  Frederick  Bates. 

TO  ABRAHAM  FULLER  HULL,  DETROIT 

St.  Louis  June  17.  1807. 

I  received,  my  dear  colonel,  your  friendly  congratula- 
tions of  the  16  ulto,  with  infinite  pleasure:  For  the 
exchange,  had  it  been  a  matter  of  discretion,  is  in  my  own 
opinion  so  unwise  a  one,  that  I  stand  in  need  of  those  coun- 
terbalancing consolations  in  order  to  be  reconciled  to  it. 

As  your  territorial  dissensions"  had  arisen  without  a 
cause,  I  looked  forward  to  a  return  of  those  more  tranquil 
times  which  your  letter  announces.  But  you  surely  speak 
ironically  when  you  account  for  the  subsiding  of  the  billows, 
from  the  accidental  death  of  a  drunken  madman.  —  The 
territorial  Barks  appear  all  to  be  destined  to  combat  with 
storms;  and  the  utmost  skill  and  vigilance  of  the  wisest 
Palinurus78  can  scarcely  save  them  from  the  whirlpools  of 
faction,  the  quicksands  of  deceit,  and  the  roaring  turbulence 
of  the  many  headed  monster!79  —  No.  —  I  will  not  speak 
disrespectfully  of  the  People:  For  surely  in  their  native 
justice,  they  may  be  governed  with  the  same  ease  and 
safety  as  our  Pleasure  Boats  float  on  the  smooth  surface  of 
a  Fish-Pond.    But  when  they  are  wrought  into  violence  by 

of  the  District  of  St.  Genevieve,  who  about  this  time  resigned  their  offices 
on  account  of  a  disgust  arising  from  the  removal  of  Colo.  Smith." 

77  After  Bates'  departure  from  Michigan  Territory,  he  was  succeeded 
by  Judge  Witherell.  Witherell  and  Governor  Hull  usually  sided  against 
Woodward  and  Griffin. 

78  Palinurus  was  the  pilot  of  Aeneas.  Virgil  relates  (Aeneid,  Bk.  V) 
how  the  pilot  flung  himself  into  the  water  and  "rose  on  flying  wings  into 
the  thin  air."  In  the  underworld  (Aeneid,  Bk.  VI)  Aeneas  encountered 
Palinurus  who  besought  him  thus,  "Bear  me  over  the  waves  in  thy  com- 
pany, that  at  least  in  death  I  may  find  a  quiet  resting-place." 

79  The  "triple-throated"  Cerberus,  the  watch-dog  of  Hades. 


The  First  Acting-Governorship.  143 

the  intrigues  of  a  factious  demagogue,  they  are  as  ruth- 
less and  overwhelming  as  a  troubled  ocean,  — 

You  ask  me  for  an  account,  a  political  one  I  presume,  of 
Louisiana.  If  I  had  a  description  of  chaos,  by  one  of  the 
Heathen  Philosophers,  I  would  send  you  an  extract  from 
it.  But  as  my  own  weak  powers  are  inadequate  to  the 
mighty  theme,  I  must  beg  to  be  excused  —  for  the  present 
I  mean  —  at  some  future  time,  when  I  am  less  crowded 
with  business  than  I  have  been  for  a  few  days  past  I  shall 
take  a  pleasure  in  a  detailed  compliance  with  your  request. 

What  worthy  friend  of  yours  are  you  so  forcibly  recom- 
mending to  fill  a  vacancy  in  our  territory?  You  describe 
him  as  'sober,  upright,  industrious,  judicious  &  legal '  a 
pretty  set  of  negative  qualifications  upon  my  word,  except 
the  last,  which  I  shrewdly  suspect  you  have  curtailed  from 
the  fair  catalogue  of  your  own  attributes  in  order  to  pre- 
vent a  total  failure  of  your  friend's  pretensions.  Or  per- 
haps my  dear  colonel  these  are  the  disguises  which  you 
yourself  sometimes  wear  invitis  nubibus80  in  order  to  dash 
forth  again  in  your  real  character  with  more  imblazoned 
eclat  and  applause.  At  any  rate,  you  have  stuck  a  feather 
in  the  cap  of  my  vanity ;  for,  at  the  very  moment  that  I  am 
answering  your  application  for  office,  a  stupid  Captain  of 
Militia  sends  me  his  Commission  because  says  he  ' I  do  not 
feel  disposed  to  serve  under  the  present  administration. '  — 

I  really  have  been  so  worn  down  by  the  dull  routine  of 
office  duties  that  I  feel  it  a  most  agreeable  relaxation  to  be 
permitted  to  talk  nonsense  to  a  friend  whom  I  esteem  and 
honor.  — 

so  invitis  nubibus  means  "although  the  clouds  are  unwilling."     The 
sense  is  obscure. 


144         The  Life  and  Papers  of  Frederick  Bates. 

TO  WILLIAM  HULL 
Dear  Sir^  St.  Louis  June  17.  1807. 

Mr.  Forsyth81  who  arrived  a  few  days  ago,  delivered 
me  your  very  friendly  letter  of  the  15th  ulto.  —  I  surely 
owed  to  my  Detroit  Friends  some  account  of  myself,  before 
this  time;  but  the  perpetual  contest  which  I  have  been 
obliged  to  maintain  with  the  clandestine  machinations  of 
the  opposers  of  all  regular  government  has  scarcely  left 
me  a  moment  for  the  indulgence  of  more  pleasing  reflex- 
ions. —  I  came  to  St.  Louis,  on  the  1st  day  of  April,  a  per- 
fect stranger  to  every  soul  in  the  country.  The  most 
imbittered  party  rancour  has  pervaded  all  ranks  of  our 
people  during  the  late  administrations,  and  the  storm  has 
not  yet  entirely  subsided. 

In  this  newly  acquired  country,  it  was  supposed  impos- 
sible for  the  Executive  to  be  without  a  Party  and  the  most 
anxious  impatience  was  manifested  to  ascertain  that  Party, 
for  which  the  new  authorities  would  decree  a  triumph: 
But  no  triumph  has  been  decreed  for  either,  and  the  govern- 
ment must  for  a  while  be  abandoned  by  all,  until  the  justice 
of  its  measures  shall  acquire  the  support  of  the  worthy. 

When  lately  at  St.  Genevieve,  the  most  wealthy  village 
in  Louisiana,  I  was  astonished  to  find  the  extent  of  the 

si  Probably  Thomas  Forsyth,  an  Indian  trader.  He  was  born  at  De- 
troit in  1771.  At  an  early  age  he  engaged  in  the  Indian  trade  in  the 
Saginaw  Bay  region.  In  1798  he  wintered  on  an  island  in  the  Mississippi 
about  four  or  five  miles  below  modern  Quincy.  About  1802  he,  with 
John  Kinzie  and  Robert  Forsyth,  established  a  trading  post  at  Chicago. 
He  subsequently  made  his  headquarters  at  Peoria.  After  the  War  of 
1812  he  was  Indian  agent  for  the  Sacs  and  Foxes.  He  died  at  St.  Louis 
on  October  29,  1833.     See  Wisconsin  Historical  Collections,  VI,  188. 


The  First  Acting-Governorship.  145 

popular  prejudice.  The  Court  of  Com  Pleas8-  was  to  be 
in  Session  in  a  few  days,  &  a  combination  had  been  entered 
into  by  the  Justices  to  resign  on  the  morning  of  the  court, 
and  to  bring  about  by  that  means  a  discontinuance  of  all 
the  business  pending  before  it.  Some  of  these  Resigna- 
tions by  men  whom  I  had  never  seen  and  whose  character 
and  conduct  I  had  never  mentioned  with  disrespect,  were 
couched  in  language  of  abuse  and  insult.  But  when  it  was 
intimated  to  them  by  the  few  friends  whom  I  had  in  the 
village,  that  these  pitiful  attempts  would  recoil  upon  them- 
selves and  that  a  new  commission  would  immediately  issue, 
as  the  Secretary  was  upon  the  ground,  these  factious  Mag- 
istrates, with  a  very  bad  grace  took  their  seats.  — 

The  removal  of  Colo.  John  Smith,  thro  whose  influence 
the  most  of  the  appointments  in  the  District  of  St  Gene- 
vieve were  obtained,  is  the  cause  of  these  particular  discon- 
tents. When  I  came  to  the  country,  I  found  this  turbulent 
man  carving  for  himself  ('his  sword  his  law;  his  own  right 
hand  his  God')  and  refusing  to  submit  to  any  manner  of 
legal  controul.  He  had  been  accused  of  participation  in 
the  enterprizes  of  Colo  Burr  but  disdained  that  mode  of 
investigation  which  the  institutions  of  our  country 
appeared  to  prescribe.  He  generally  I  am  told  travels 
with  two  Durks,  two  pairs  of  pistols  and  a  Rifle,  and  has 
contributed  more  than  any  other  individual  among  us  to 
make  violence  and  disorder  fashionable  among  the  People. 
He  is  in  many  respects  a  very  genteel  man,  but  upon  the 
whole  better  suited  to  the  savage  disorders  of  a  frontier, 
than  for  the  polished  circles  of  civil  life.  He  was  not  only 
Lt  Colo,  of  the  2d  Regt.  of  Militia  but  also  first  Justice  of 

82  The  court   was   reorganized   on   August   20,   1807,   Amos   Byrd,   St. 
James  Beauvais,  and  William  James  being  appointed  on  that  date. 


146         The  Life  and  Papers  of  Frederick  Bates. 

the  courts  of  G  Sessions  and  Com  Pleas  for  the  District 
of  St  Genevieve,  in  which  courts  he  had  sometimes  taken 
his  seat  to  administer  that  Justice  (with  his  Rifle  by  his 
side)  to  others,  which  he  had  scorned  to  submit  to  himself. 
His  Partizans  have  succeeded  in  impressing  the  falsehood 
on  some  weak  minds  that  his  dismission  arose  from  a 
refusal  to  'bow  and  scrape  to  this  Secretary.9  —  Every 
Village  and  Settlement  has  its  local  faction  and  the  terri- 
tory is  moreover  divided  into  two  great  parties  which  have 
not  yet  lost  those  designations  which  they  acquired  during 
the  government  of  Wilkinson  &  Browne. 

I  have  disappointed  the  expectations  of  all  by  refusing 
to  strengthen  either  of  the  contending  Cabals  with  the 
executive  patronage:  And  I  do  not  despair  of  being  able 
to  convince  the  great  body  of  the  People  that  they  abandon 
their  true  interests  when  they  suffer  themselves  to  be  made 
the  dupes,  either  of  designing  speculators,  or  of  those  ill 
disposed  persons,  whose  ferocious  happiness  consists  in 
bursting  asunder  the  bands  of  social  order.  —  &c.  &c.  &c.  &c. 

With  my  respects  to  each  individual  of  your  amiable 
family,  I  have  the  honor  to  be  Dr.  Sir,  yr  friend  &  obedt 
Servt. 


TO  AUGUSTUS  B.  WOODWARD83 

St.  Louis,  June  18,  1807. 

Your  letters  of  the  7th  and  14th  of  March  last  were  some 
time  ago  received,  and  am  pleased  to  find  that  you  still 
entertain  for  me  that  esteem  which  I  once  thought  I 
deserved  from  you. 

83  This  letter  is  taken  from  Michigan  P.  and  H.  Society,  Collections, 
VIII,  588-589. 


The  First  Acting-Governorship.  147 

I  received  some  letters  from  Michigan  on  the  subject  of 
McDougall's84  disappointment  which  led  me  to  believe  that 
I  was  not  treated  altogether  as  I  should  have  been;  but  I 
must  acknowledge  that  your  letter  furnished  a  better  illus- 
tration of  your  conduct  in  that  affair  than  the  interested 
insinuations  of  my  correspondent. 

I  will  say  nothing  of  this  country  or  of  the  stormy  aspect 
of  its  political  atmosphere,  but  refer  you  generally  to  Mr. 
Forsyth,  in  whose  power  it  will  be  to  give  you  very  accurate 
informations.  But  as  you  may  be  desirous  of  knowing 
something  biographically  of  the  several  officers  of  this 
government,  I  will  just  take  the  liberty  of  observing  that 
Judge  Lucas,  whose  commission  is  now  eldest,  is  a  civil 
lawyer,  and  a  man  of  superior  parliamentary  information. 
His  wit,  his  satire,  and  his  agreeable  combination  of  images 
are  surpassed  by  few.  He  is  a  man  withall  more  sternly 
independent  in  principle  and  conduct  than  most  of  my 
acquaintances.  If  a  slave  approaches  him  in  the  tone  and 
attitude  of  a  suppliant,  he  spurns  him  from  his  presence. 
He  is  only  acceptable  to  those  who  know  the  dignity  of 
their  nature,  and  how  to  speak  the  language  of  freedom. 
Judge  Shrader  has  a  great  deal  of  collected  knowledge. 
He  is  a  Saxon  by  birth,  and  was  early  instructed  in  French 
literature  —  speaks  with  facility,  German,  English,  and 
French,  and  is  perhaps  as  accurate  a  special  pleader  as  any 
in  the  western  country.  A  stranger  would  be  apt  to  con- 
sider him  the  presiding  judge,  so  entirely  does  Judge  L. 
suffer  him  to  be  the  organ  of  the  opinions  of  the  court. 

I  can  say  little  of  Judge  Coburn.85     He  arrived  during 

s*  Probably  George  McDougall,  a  Detroit  lawyer  and  office  seeker. 
85  John  Coburn  was  born  in  Philadelphia.     He  moved  to   Kentucky 
in  1784,  lived  in  Lexington  until  1794,  and  then  moved  to  Mason  County, 


148         The  Life  and  Papers  of  Frederick  Bates. 

my  absence  at  St.  Genevieve,  and  since  my  return  I  have 
been  too  constantly  employed  to  cultivate  an  intimate 
acquaintance  with  him. 

Should  not  those  impertinences  in  the  Aurora  be 
answered,  or  are  they  too  trifling  to  be  regarded!  Yet 
believe  me  they  have  an  effect  on  the  minds  of  many.  Our 
Michigan  proceedings  were  censured  with  some  severity  at 
Washington,  and  some  men  even  of  sense  and  under- 
standing, effected  not  to  be  satisfied  with  them. 

I  now  enclose  a  paper  which  ought  long  since  to  have 
been  transmitted  —  the  receipt  of  McGuire. 

Accept  a  repetition  of  those  assurances  of  respect  and 
esteem,  which  I  have  been  accustomed  to  make  you. 


TO  HENRY  DEARBORN 

St.  Louis  June  22d  1807 
Sir, 

In  compliance  with  the  orders  of  the  President  I  have 
the  honor  of  enclosing  an  association  of  67  individuals  who 
as  a  Company  of  Infantry  offer  their  services  to  the  gov- 
ernment under  an  act  of  the  last  session.86 

The  persons   composing  this   company  met   frequently 

Kentucky,  where  he  was  made  judge  of  the  circuit  court.  In  1796  he 
was  one  of  the  commissioners  to  run  the  line  between  Virginia  and  Ken- 
tucky. Under  the  enabling  act  of  1805  he  was  appointed  one  of  the  judges 
of  the  Territory  of  Louisiana. 

ss  Act  of  February  24,  1807  authorizing  the  President  to  accept  the 
services  of  a  number  of  volunteer  companies,  not  exceeding  thirty  thou- 
sand men.  U.  S.,  Statutes  at  Large,  II,  419-420.  The  list  referred  to 
has  not  come  to  light. 


The  First  Acting-Governorship.  149 

during  the  last  year  for  the  purpose  of  perfecting  them- 
selves in  militia  exercises.  They  long  ago  assumed  the  name 
of  the  'Military  School/  and  it  is  believed  that  they  have 
made  a  progress  in  the  studies  and  exercises  to  which  their 
leisure  moments  have  been  devoted  greatly  beyond  any 
other  company  in  the  territory.  They  have  recommended 
as  officers  persons  who  are  probably  in  all  respects  quali- 
fied, altho  I  can  not  give  you  this  assurance  from  my  own 
knowledge  of  them. 


TO  E.  BAKER,87  D.  SHAW,  J.  ANDREWS,88  AND 
J.  STUART 

Ge™me.,  St'  Ws  J*ne  23'  1807' 

I  have  communicated  your  offers  of  service  to  the  Presi- 
dent and  accompanied  copies  of  your  letters  with  such 
encomiums  as  I  thought  myself  permitted  to  make  on  your 
association.  —  Commissions  cannot  issue  until  your  accept- 
ance :  but  you  will  not  be  required  to  muster  in  other  com- 
panies Provided  the  officers  to  wit  Joseph  Whittlesey 
Captain;  Ebenezer  Armstrong  Lieutenant,  and  Thomas 
Scott89  Ensign  in  their  respective  spheres  take  measures 
for  the  monthly  parade  and  muster  of  their  company,  and 
make  returns  to  me. 

87  This  was  either  Elisha  Baker  or  his  son  Elijah. 

ss  Probably  John  Andrews  who  was  appointed  a  lieutenant  of  a 
volunteer  company  in  the  District  of  Ste.  Genevieve  on  August  12,  1807. 

ss  Whittlesey,  Armstrong,  and  Scott  were  appointed  on  June  27,  1807. 
They  were  officers  of  a  volunteer  company  in  the  District  of  Ste.  Gene- 
vieve. 


150         The  Life  and  Papers  of  Frederick  Bates. 

BILL  OF  JOHN  SMALL90 

The  United  States 

Post  Vincennes  To  John  Small  Dr 

June  27.  1807  D. 

For  the  Making  and  Engraving  of  a  Seal  for  the 

General  Court  of  Louisiana  Territory $  30 

To  the  Making  and  Engraving  of  three  Seals  for  the 
District  of  Ste.  Genevieve  —  Viz,  one  for  the  Court 
of  Generl.  Quartr.  Sessions,  Do.  for  the  Court  of 
Common  Pleas  and  one  for  the  Court  of  Probate 
at  $22  each 66 

To  three  Seals  for  the  Dist.  of  Cap.  Girardeau  for 
the  same  Courts  as  Ste.  Genevieve  at  $22 66 

To  three  Seals  for  the  District  of  New  Madrid  for 
the  same  use  as  for  Cap  Girardeau  at  22d.  each 66 

$228 
I  Certify  the  above  account  just  and  true.91 


TO  THE  LEGISLATURE  OF  THE  TERRITORY  OF 

LOUISIANA 

Gentlemen,  St-  Louis  Ju1^  *>  1807 

It  has  not  been  found  that  the  establishment  of  a  sep- 
arate district  at  Arkansa92  has  contributed  to  the  more 

90  John  Small  of  Vincennes.  On  June  20,  1790  the  region  about 
Vincennes  was  organized  as  Knox  County,  and  Small  was  appointed 
sheriff.  Logan  Esarey,  A  History  of  Indiana  from  its  Exploration  to 
1850,  I,  154. 

9i  On  the  bill  Bates  wrote,  "Drew  on  Mr.  Madison,  Aug.  12,  1807." 
92  Section  5  provided  that  the  governor,  from  time  to  time  as  circum- 
stances required,  was  empowered  to  lay  off  those  parts  of  the  territory 


The  First  Acting-Governorship.  151 

convenient  distribution  of  Justice,  the  prevention  of  crimes 
and  injuries,  or  to  the  execution  of  process  criminal  and 
civil;  but  that  those  objects  will  be  better  promoted  by  a 
reunion  of  that  distant  and  inconsiderable  settlement,  with 
the  district  from  which  it  was  originally  taken.  I  beg 
leave  therefore  to  inform  you,  that  by  virtue  of  the  5  Sec 
of  the  act  of  the  3d  day  of  March  1805  entitled  An  Act 
further  providing  for  the  government  of  the  district  of 
Louisiana,  I  have  made  an  alteration,  which  appeared  to 
me  to  be  necessary,  by  extending  the  boundaries  of  the 
district  of  New  Madrid,93  so  as  to  embrace  the  settlements 
lately  composing  the  district  of  Arkansa. 


TO  JOSEPH  TUCKER,94  STE.  GENEVIEVE 
gjjj  St.  Louis  July  7.  1807. 

Your  letter  of  the  23d  ulto  was  received  in  due  time  and 
I  have  delayed  thus  long  to  answer  it,  that  I  might  ascer- 

in  which  the  Indian  title  had  been  extinguished  into  districts.  U.  S., 
Statutes  at  Large,  II,  331-332. 

By  a  territorial  act  of  June  27,  1806  "the  southwestern  part  of  the 
district  of  New  Madrid"  was  made  into  a  new  district  of  "Arkansaw." 
Mo.  Territorial  Laws,  I,  68-69. 

By  a  territorial  act  of  July  7,  1807  the  District  of  Arkansas  was 
merged  with  the  District  of  New  Madrid,  and  the  powers  of  the  New 
Madrid  officers  were  extended  over  the  whole.    Ibid.,  I,  179-180. 

93  By  proclamation  of  Governor  Harrison  of  October  1,  1804  the 
northern  boundary  of  the  District  of  New  Madrid  was  that  which  "here- 
tofore separated  the  commandaries  of  Cape  Girardeau  and  New  Madrid." 
This  was  at  Tywappity  Bottom  about  twelve  miles  below  Cape  Girardeau 
and  opposite  the  mouth  of  the  Ohio.  On  the  south  the  boundary  was 
the  33rd  parallel.  The  district  extended  from  the  Mississippi  to  the  west- 
ward indefinitely.  See  Houck,  History  of  Missouri,  II,  103-166,  378-379; 
Stoddard,  Sketches  of  Louisiana,  208-212. 

94  in  December,  1804,  or  early  in  1805,  Joseph  Tucker  was  appointed 
constable  of  the  Saline  River  region  in  the  District  of  Ste.  Genevieve. 


152         The  Life  and  Papers  of  Frederick  Bates. 

tain  the  dispositions  of  the  Legislature  on  the  subjects  to 
which  it  refers.  There  appears  to  be  no  offence  on  which 
the  pardon  of  the  Executive95  could  at  this  day  operate: 
Your  unfortunate  son  is  now  no  more  and  the  fine  which 
I  cannot  but  consider  as  excessive ,  or  at  any  rate  unusual, 
has  been  long  since  paid.  Under  these  circumstances,  it 
does  appear  to  me,  that  I  have  no  legitimate  right  to  inter- 
pose, even  for  the  relief  of  those  hardships,  which  I  am 
satisfied  your  son  has  suffered. 


A  PROCLAMATION 


By  Frederick  Bates  Secretary  of  the  Territory  of  Louis- 
iana, and  exercising  the  government  thereof 

Whereas,  it  has  been  found  by  experience  that  the  estab- 
lishment of  the  District  of  Arkansa,  has  not  contributed 
to  those  objects  contemplated  by  the  Executive  of  this  terri- 
tory. That  its  separation  from  the  District  of  New  Madrid, 
in  the  month  of  June  1806  has  neither  promoted  the  more 
convenient  distribution  of  justice,  the  prevention  of  crimes 
and  injuries  nor  the  execution  of  civil  and  criminal  process : 
but  that  on  the  contrary,  these  desirable  results  have  been 
rather  withholden  from  than  assured  to  the  good  People 
of  Arkansa  by  a  delusive  and  inefficient  organization. 

Now  therefore,  be  it  known,  that  by  virtue  of  the  powers 
vested  in  the  Governor  by  the  5  Sec  of  an  Act  of  the  Con- 
gress of  the  United  States  entitled  'An  Act  further  pro- 
viding for  the  government  of  the  District  of  Louisiana'  I 
do  extend  the  boundaries  of  the  district  of  New  Madrid,  so 

95  For  the  pardoning  power  of  the  governor,  see  section  1  of  the  act 
of  March  3,  1805.    U.  S.,  Statutes  at  Large,  II,  331. 


The  First  Acting-Governorship.  153 

as  to  embrace  the  settlement  composing  the  district  of 
Arkansa,  which  said  District  of  Arkansa  is  hereby  abolished 
and  reunited  for  every  legal  purpose  to  the  district  of  New 
Madrid  from  which  it  was  originally  taken.  — 

In  testimony  whereof  I  have  hereunto  affixed  the  seal  of 
the  Territory  &  subscribed  my  name  at  Saint  Louis  the 
seventh  day  of  July  in  the  year  of  our  Lord  1807  and  of 
the  Independence  of  the  United  States  the  Thirty  second. 

F.  BATES. 


TO    MICHAEL    AMOUEEUX96 

Sir, 

Yesterdays  mail  brought  me  your  letters  of  the  17th  and 
23d  ulto.  It  had  been  contemplated  by  some  individual 
members  of  the  Legislature  that  an  union  of  offices  such 
as  you  mention  would  have  beneficial  tendencies,  and  ought 
to  be  established  by  Law.  —  The  arrangement  however  has 
not  been  legislatively  made,  and  I  do  not  think  myself  at 
liberty  to  give  the  executive  sanction,  to  an  abstract  theory 
on  these  subjects  however  much  I  might  myself  admire  it. 

When  suitable  persons  cannot  be  found,  it  will  some- 
times happen  that  the  office  of  Recorder  will  be  given  to 
the  person  holding  the  Clerkships  of  the  District.  But  in 
the  instance  before  us,  I  feel  a  pleasure  in  complying  with 
the  recommendation  of  the  Gentlemen  of  New  Madrid,  in 

96  Michael  Amoureaux,  or  Amoureux,  in  March,  1805  was  appointed  a 
judge  of  the  court  of  common  pleas  and  quarter  sessions  for  the  District  of 
New  Madrid.  In  1806  he  also  held  the  position  of  deputy-surveyor.  The 
letter  is  not  dated  but  its  position  in  Bates'  Letter  Book  would  signify 
that  it  was  written  July  7  or  8,  1807. 


154         The  Life  and  Papers  of  Frederick  Bates. 

your  favour,  and  inclose  you  commissions  as  Recorder,97 
Judge  of  Probate98  and  Notary  Public.  — " 

You  will  be  pleased  to  take  the  oaths  before  Joshua 
Humphreys100  Esquire  to  whom  I  have  transmitted  a 
Dedimus.101 

The  absence  of  the  Clerk  of  the  Legislature  has  obliged 
me  to  copy  several  of  the  laws  lately  passed  as  well  for  the 
use  of  New  Madrid,  as  for  some  other  districts.  I  cannot 
however  forward  several  in  which  you  are  very  materially 
interested. 

I  will  just  observe  that  a  Notary  by  the  late  Act  will  give 
bond  'for  the  faithful  performance  of  the  duties  of  his 
office'  in  the  sum  of  Five  hundred  dollars  with  two  sureties 
in  the  sum  of  250  dols  each,  which  Bond  together  with  the 
commission  must  be  recorded  by  the  Eecorder  of  Deeds  — 
and  the  Bond  filed  with  the  Secretary  of  the  Territory. 

As  Judge  of  Probate  you  will  swear  'A  true  and  faithful 
discharge  &c'  and  give  bond  in  the  sum  of  two  thousand 
dollars  with  two  Sureties  to  be  approved  by  two  of  the 
Justices  of  the  District. 

The  Bonds  for  both  offices  will  be  given  to  the  governor 

97  A  territorial  law  of  Oetober  1,  1804  provided  for  the  office  of 
recorder  for  each  of  the  districts.    Mo.  Territorial  Laws,  I,  46-48. 

98  The  probate  courts  were  established  by  law  of  October  1,  1804. 
Ibid.,  I,  57-58. 

99  A  territorial  act  of  June  25,  1807,  provided  that  the  governor  should 
appoint  and  commission  one  person  in  each  district  as  a  notary  public. 
Ibid.,  I,  94-96. 

ioo  Joshua  Humphreys  was  the  first  clerk  of  the  court  of  common 
pleas  and  quarter  sessions  of  the  District  of  New  Madrid.  The  court 
was  organized  in  1805. 

ioi  Dedimus  potestatem  means  "we  have  given  power."  It  was  the 
name  of  a  writ  to  commission  a  private  person  to  do  some  act  in  the  place 
of  a  judge,  as,  to  administer  an  oath  of  office,  to  examine  witnesses,  and 
the  like.    John  Bouvier,  Law  Dictionary,  (Francis  Rawle  revision),  I,  525. 


The  First  Acting-Governorship.  155 

and  his  Successors.  —  The  name  of  the  individual  exer- 
cising* the  Government  may  be  mentioned. 

I  would  with  pleasure  have  attended  to  your  request  on 
the  subject  of  your  letter  to  Governor  Lewis;  but  there  is 
so  great  a  number  of  private  letters  addressed  to  him,  and 
which  now  remain  in  the  Post  Office,  that  it  might  not  be 
in  my  power  to  identify  yours. 


TO  THE  JUSTICES  OF  THE  COUET  OF  COMMON 

PLEAS  AND  QUARTER  SESSIONS  FOR  THE 

DISTRICT  OF  CAPE  GIRARDEAU 

St.  Louis  July  8.  1807 
Gentlemen, 

A  law  has  lately  passed  our  Legislature  which  changes 
radically,  the  former  system  of  judicial  proceedings.102 
After  the  first  day  of  September  next,  at  which  time  the 
Act  commences  its  operation,  the  township  Justices  will 
no  longer  have  a  seat  on  the  bench,  tho'  their  jurisdiction 
in  many  other  respects  will  be  greatly  extended.  — 

Your  Courts  will  be  composed  of  not  less  than  three  nor 
more  than  five  members,  who  will  hold  their  offices  during 
good  behaviour  for  four  years,  and  receive  as  a  daily  com- 
pensation while  attending  the  Court  the  sum  of  three 
dollars. 

102  An  act  establishing  courts  of  justice  and  regulating  judicial  pro- 
ceedings was  passed  on  July  3,  1807.  The  act  contained  seventy  provi- 
sions. It  revised  the  judicial  system  as  established  by  the  Indiana 
legislative  council  in  1804.  Under  the  act  of  1807  the  governor  was 
empowered  to  appoint  the  judges  of  the  courts  of  common  pleas  and 
quarter  sessions  for  each  district,  the  said  judges  to  hold  office  for  four 
years.  It  also  provided  for  the  time  that  courts  should  meet,  and 
minutely  regulated  judicial  proceedings.    Mo.  Territorial  Laws,  I,  105-125. 


156         The  Life  and  Papers  of  Frederick  Bates. 

The  Districts  will  be  laid  off  into  Townships103  by  the 
Commissioners104  and  one  or  more  justices  appointed  for 
each.  The  absence  of  the  Clerk  of  the  Legislature  and  the 
necessity  under  which  I  have  felt  myself  of  employing  my 
time  for  the  two  last  days  on  the  affairs  of  New  Madrid, 
prevent  my  transmitting  the  Acts  in  which  you  are  most 
materially  interested  by  Adjt  Genl.  Delaunay.105 

They  shall  however  be  forwarded  you  as  speedily  as 
possible. 

I  shall  appoint  for  the  present  but  three106  Justices  of 
the  Court  of  Common  Pleas,  and  Quarter  Sessions. — 

It  is  my  misfortune,  that  I  have  not  the  pleasure  of  a 
personal  acquaintance  with  you.  I  cannot  know  you  except 
by  report,  and  in  the  appointments  which  I  make  in  your 
district  it  is  very  possible  that  I  may  sometimes  act  with 
error  but  I  hope  never  with  injustice. 

In  a  word,  the  object  of  this  communication  is  to  advise 
you  that  a  Repeal  of  the  Laws  passed  by  the  Governor 
and  Judges  of  Indiana  will  on  the  first  day  of  September 
next,  vacate  the  most  of  the  Commissions  civil  and  military 
throughout  the  territory.  —  A  Stranger  in  the  territory, 

103  a  law  of  July  4,  1807  provided  that  inhabited  parts  of  each  district 
were  to  be  laid  out  into  townships.    Ibid.,  I,  142-143. 

104  For  each  district  the  governor  was  to  appoint  three  commissioners 
of  rates  and  levies,  who  were  to  audit  and  adjust  debts  and  demands 
made  upon  the  district,  determine  the  amounts  which  must  be  raised  to 
defray  the  charges  of  building  and  repairing  court-houses,  jails,  pillories, 
bridges,  causeways,  and  other  necessary  expenses  of  the  district.  Act  of 
July  8,  1806.    IUd.,  I,  69-70. 

105  David  Delaunay  in  1804  was  appointed  one  of  the  judges  of  the 
St.  Louis  District  court  of  common  pleas  and  quarter  sessions. 

ice  Christopher  Hays,  Robert  Green,  and  John  Byrd  were  appointed 
on  August  20,  1807. 


The  First  Acting-Governorship.  157 

it  is  impossible  that  I  should  have  either  prepossession 
or  prejudice. 

I  take  the  liberty  then  of  desiring  you  (not  as  a  Court, 
but  as  individual  gentlemen,  with  whom  I  should  be  happy 
to  confer)  to  give  me  such  information  as  you  may  possess 
in  relation  to  your  district  generally,  and  as  respects  civil 
office  in  particular. 


COMMISSION  OF  AUGUSTE  CHOUTEAU,  JR. 

Frederick  Bates 
Secretary  and  Exercizing  as  well  the  Government  of  Louis- 
iana as  the  Office  of  Commander  in  Chief 
of  the  Militia  therefore 

To  All  who  shall  see  these  Presents  Greeting 

Know  ye,  That  Reposing  Special  Trust  and  Confidence 
in  the  Patriotism  Valor  fidelity  and  Abilities  of  August 
Chouteau  Jr  I  do  by  the  presents  appoint  him  the  said 
August  Chouteau  Lieut.  Colonel  Commandant  of  the  first 
Regiment  of  the  Militia  of  the  said  Territory,  he  his  [sic] 
therefore  Carefully  and  diligently,  to  discharge  the  duty 
of  Lieutenant  Colonel  Commandant  By  doing  and  per- 
forming all  manner  of  duty  appertaining  to  his  office,  and 
I  do  strictly  Charge  and  Require  all  officers  and  soldiers 
under  his  Command  to  be  obedient  to  his  orders  as  Lieu- 
tenant Colonel  Commandant  and  he  is  to  obey  such  orders 
and  directions  from  time  to  time  as  he  shall  receive  from 
the  Commander  in  Chief  of  the  Territory  or  other  Superior 
officers  Let  over  him  — 


158         The  Life  and  Papers  of  Frederick  Bates. 

This  Commission  to  Continue  in  force  during  the  discre- 
tion of  the  Governor  of  the  Territory  for  the  Time  Being  — 

In  Testimony  Whereof  I  have  hereunto  caused 

the  Seal  of  the  Territory  to  be  affixed  this  Eighth 

(Seal)     day  of  July  in  the  year  of  our  Lord  one  thousand 

eight  hundred  and  seven  and  of  the  Independence 

of  the  United  States  the  thirty  second  — 

FREDERICK  BATES. 
Territory  of  Louisiana 
District  of  S  Louis 

Personally  appeared  before  me 
the  Subscriber,  duly  authorized  to  administer  the  several 
oaths  of  office  within  the  District  afsd.  August  Chouteau 
Esq.  who  took  the  Oath  to  Support  the  Constitution  of  the 
United  States  as  well  as  the  Oath  faithfully  to  execute  the 
duties  of  Lieutenant  Colonel  of  the  first  Regiment  of 
Militia  to  the  best  of  his  Skill  &  Judgment. 

Given  under  my  hand  at 
S  Louis  the  26th  Oct.  1807 
THOMAS  F  RIDDICK107 


TO  ALBERT  GALLATIN 

Saint  Louis  July  14,  1807. 
Sir, 

The    commissioners    yesterday    passed    a    Resolution, 
requiring  the  Recorder  to  furnish  the  clerk  of  the  Board 

io7  Thomas  Fiveash  Riddick  was  born  at  Suffolk,  Nansemond  County, 
Virginia,  on  June  5,  1771.  He  came  to  St.  Louis  in  1804.  During  the 
next  fifteen  years  he  filled  various  positions:  assessor,  clerk  of  the  court 
of  common  pleas   and   quarter   sessions,   deputy   recorder   of  land   titles, 


The  First  Acting-Governorship.  159 

with  Stationery.  I  presume  it  will  be  my  duty.  —  Your 
instructions  to  Mr.  Donaldson108  on  the  subject  of  contin- 
gent expences,  are  not  now  to  be  found.  I  have  never  seen 
them;  tho'  my  associates  tell  me  that  they  recollect  their 
tenor  and  import. 

I  shall  advance  what  may  be  necessary  to  meet  such 
demands,  and  draw  on  you  when  permitted  for  the  amount. 
There  is  still  a  balance  in  the  hands  of  Mr.  Penrose,  which 
he  will  pay  over  to  me,  and  account  for  his  disbursements 
generally,  while  acting  as  the  Deputy  of  the  late  Recorder, 
in  such  manner  as  you  may  direct. 

A  majority  of  the  Board,  Messrs.  Lucas  &  Penrose  has 
thought  proper  to  remove  Mr  Gratiot,109  from  the  clerk- 
ship. Those  gentlemen  then  named  several  candidates, 
with  all  of  whose  qualifications,  I  was  unacquainted  — 
William  Christy110  has  been  chosen. 

The  Board  has  resolved  to  make  the  circuit  of  the  Terri- 
tory. We  shall  go  to  St  Charles  next  month,  to  St  Gene- 
vieve in  Navr.,  to  Cape  Girardeau  and  New  Madrid  in 

secretary  of  the  board  of  land  commissioners  (1808),  justice  of  the  peace, 
and  second  president  of  the  old  Bank  of  Missouri.  He  was  one  of  the 
principal  organizers  of  the  St.  Louis  school  system,  and  was  a  prominent 
Mason. 

108  James  Lowry  Donaldson  was  a  distinguished  Baltimore  lawyer. 
He  was  a  brother  of  Mrs.  Robert  Morrison  of  Kaskaskia  and  a  relative 
of  Francis  Scott  Key.  He  was  a  member  of  the  board  of  land  commis- 
sioners, being  succeeded  by  Bates.  Donaldson  was  killed  at  the  battle  of 
North  Point  near  Baltimore  on  August  12,  1814. 

109  Charles  Gratiot.  The  Gratiot  papers  have  recently  been  acquired 
by  the  Missouri  Historical  Society. 

no  William  Christy  was  born  at  Carlisle,  Pennsylvania,  on  January 
10,  1764.  He  served  under  St.  Clair  in  1791  and  with  Wayne  in  1794. 
He  came  to  St.  Louis  in  1804.  Two  years  later  he  opened  a  public  house 
at  the  southeast  corner  of  Main  and  Walnut  streets.  The  same  year  he 
was   appointed   a   judge   of   the   St.   Louis   court   of   common   pleas    and 


160         The  Life  and  Papers  of  Frederick  Bates. 

March  and  to  Camp  Esperance111  for  that  settlement  and 
the  district  of  Arkansa,  in  April.  This  measure  is  thought 
by  the  commissioners  unanimously  to  be  indispensable. 
The  claimants  have  once  with  difficulty  attended  at  Saint 
Louis,  and  it  is  now  believed  that  many  even  of  those  who 
live  abundantly  on  their  plantations  have  not  cash  to  defray 
the  expenses  of  attendance.  —  Besides,  this  circuit  will 
contribute  to  the  detection  of  frauds,  and  the  prevention 
of  a  great  deal  of  false  swearing. 

I  feel  some  diffidence  in  enquiring  whether  my  compen- 
sations as  a  commissioner  should  not  commence  with  my 
services  to  wit  on  the  9th  day  of  April  last.  —  Little  indeed 
was  done;  and  candour  obliges  me  to  acknowledge  that  I 
have  been  treated  with  too  much  liberality  by  the  govern- 
ment to  permit  myself  at  this  day  to  make  importunate 
requests  of  any  kind. 

I  have  appointed  Thomas  Oliver112  to  receive  claims  in 
the  district  of  Saint  Genevieve.  As  yet,  I  know  no  person 
in  the  lower  districts  in  whom  I  could  with  propriety  place 
that  confidence.    Perhaps  the  contemplated  circuit  will  do 

quarter  sessions.  In  1809  Christy  was  made  major  of  the  Louisiana 
Rangers.  He  took  part  in  the  Howard  expedition  of  1813  against  the 
Indians  of  central  Illinois. 

in  Camp  Esperanza  was  on  the  west  bank  of  the  Mississippi  almost 
opposite  the  Chickasaw  Bluffs.  It  was  on  the  site  of  Hopefield,  Arkansas. 
By  1808  the  old  Spanish  fort  had  disappeared.  For  a  description  of  it 
in  Spanish  days,  see  Louis  Houck,  Spanish  Regime,  II,  340-341.  For  its 
location,  see  F.  Cuming,  Sketches  of  a  Tour  of  the  Western  Country,  in 
Early  Western  Travels,  IV,  293;  Amos  Stoddard,  Sketches  of  Louisiana, 
205. 

112  On  June  22,  1807  Bates  appointed  Thomas  Oliver  and  Joshua 
Penneman  commissioners  of  rates  and  levies  for  the  District  of  Ste. 
Genevieve.  On  the  following  day  he  appointed  Oliver  judge  of  probate 
of  the  same  district.  He  was  a  native  of  Virginia,  who  lived  for  a  while 
in  Kentucky,  but  in  1804  moved  to  Ste.  Genevieve,  where  he  was  the 
first  clerk  of  the  court  of  common  pleas  and  quarter  sessions. 


The  First  Acting-Governorship.  161 

away  [with]  the  necessity.  The  claimants  knowing  the 
arrangement,  will  most  probably  defer  their  entries  until 
our  arrival. 


TO  AUGUSTE  CHOUTEAU,  JE. 

Saint  Louis  July  15.  1807 
Sib, 

Your  note  this  day  accepting  the  commission  of  Lt  Colo. 
Comdt.  of  the  Militia  of  the  District  of  St.  Louis  gave  me 
a  high  degree  of  satisfaction.  Long  before  I  had  the 
pleasure  of  a  personal  acquaintance  with  you,  I  could  not 
be  a  stranger  to  your  worth;  nor  to  that  justly  extended 
influence  which  your  virtues  have  acquired  you  throughout 
this  territory.  By  an  acceptance  of  this  office  you  render 
a  most  essential  service  to  the  government.  —  The  organ- 
ization of  the  Militia  is  a  favorite  object  the  accomplish- 
ment of  which  will  be  greatly  facilitated,  when  the  views 
of  the  Executive  are  seconded  by  gentlemen  in  whom  the 
People  confide  so  great  a  portion  of  their  confidence.  —  On 
the  change  of  government  it  was  natural  that  some  appre- 
hensions should  be  entertained ;  but  I  hope  and  believe  that 
they  no  longer  exist,  and  that  we  are  already  'one 
People'.  When  the  weight  of  your  character  is  so  honor- 
ably offered  for  the  promotion  of  harmony  and  confidence 
there  must  soon  be  an  oblivion  of  every  unhappy  misunder- 
standing and  distrust. 

You  mention  your  fidelity  to  the  United  States  of  Amer- 
ica. Permit  me  to  remark  that  the  President,  already 
knows  the  strength  and  sincerity  of  your  attachments ;  and 
it  shall  be  my  pleasing  duty  to  give  him  additional  proofs 
of  your  liberal  and  continued  cooperation  in  the  measures 
of  this  government.  — 


162         The  Life  and  Papers  of  Frederick  Bates. 

TO  WILLIAM  HENRY  HARRISON 

glB  St.  Louis  July  17.  1807 

The  seals  lately  furnished  by  Mr  Small  for  this  territory 
were  made  I  believe  by  your  order  —  May  I  ask  the  favor 
of  your  advice  in  the  settlement  of  the  account!  Mr  Small 
complains  of  the  injustice  of  the  delay  and  of  the  unrea- 
sonable objections  which  have  retarded  the  settlement.  — 
I  take  the  liberty  of  enclosing  a  duplicate  of  his  account 
together  with  impressions  of  the  seals. 

If  the  work  has  been  done  agreeably  to  contract,  and  if 
the  charges  are  not  immoderate  I  will  immediately  dis- 
charge the  demand.  But  on  both  these  scores  I  entertain 
some  doubts.  The  Cape  Girardeau  impression  is  particu- 
larly faulty  and  it  does  appear  to  me  that  $22  for  a  small 
seal  with  but  little  ingraving  is  exorbitant.  Yet  Sir  if  you 
will  oblige  both  Mr  Small  and  myself  by  saying  in  what 
manner  the  account  shall  be  adjusted,  he  shall  hear  no  more 
of  difficulties  and  objections  on  my  part. 


TO  COLONEL  THOMAS  HUNT,113  COMMANDING  AT 
BELLEFONTAINE114 

am  Saint  Louis,  July  22.  1807. 

I  have  lately  received  informations,  which  were  I  dis- 
posed to  place  implicit  reliance  in  them,  I  should  consider 

n3  Thomas  Hunt  of  Massachusetts  was  a  sergeant  in  Captain  Craft's 
company  of  minute  men  at  Lexington  and  Concord.  He  served  through- 
out the  American  Revolution,  and  was  wounded  in  the  battles  of  Stony 
Point  and  Yorktown.  At  the  end  of  the  war  he  held  the  rank  of  captain. 
He  became  a  major  in  1793,  a  lieutenant-colonel  in  1802,  and  a  colonel 
in  1803.  In  1807  he  was  in  command  at  Bellefontaine.  He  died  on 
August  18,  1808. 

n4  Bellefontaine  is  on  the  Missouri  River  fourteen  miles  due  north  of 


The  First  Acting-Governorship.  163 

of  the  most  alarming  nature.  The  interpreters  of  the 
upper  country,  particularly  Obannon  of  the  Sac  village, 
writes  me,  that  they  have  formed  a  powerful  association  of 
all  the  Indians115  between  the  Lakes  and  the  Missouri  for 
commencing  a  war  on  the  frontiers  of  the  United  States. 
He  farther  assures  me  that  several  designing  emissaries 
from  the  Provinces  of  Upper  Canada  have  dispersed  them- 
selves throughout  the  country,  and  are  greatly  instru- 
mental in  promoting  this  hostile  disposition.  The  Ioways 
only,  we  are  told,  withhold  themselves  from  this  threat- 
ening combination.  All  the  other  nations  are  united  and 
for  the  purpose  of  attack,  as  soon  as  their  corn  is  suffici- 
ently ripe  to  supply  them  with  provisions  —  it  is  said  in 
the  month  of  September. 

Now  altho'  I  do  not,  by  any  means  credit  these  rumors 
to  their  full  extent,  I  have  thought  it  expedient  to  send 
confidential  persons  into  the  country  in  order  to  ascertain 
their  truth  or  falsehood,  —  and  in  the  meantime  shall  pre- 
pare the  militia  to  repel  the  attack,  should  it  (contrary  to 
my  expectations)  be  made. 

Major  Hempstead,116  the  aid[e]  of  the  Commander-in- 
chief  of  the  Territorial  militia  waits  on  you  for  the  purpose 
of  requesting  transport  to  this  place  of  the  arms  brought  by 

the  St.  Louis  court-house.  A  Spanish  fort  was  located  there  as  early  as 
1768.  It  was  afterward  converted  into  a  trading  post.  General  Wilkin- 
son selected  the  site  as  headquarters  of  the  United  States  army  west  of 
the  Mississippi  River,  and  United  States  troops  were  stationed  there  in 
1805.     Billon,  Annals  of  St.  Louis  in  its  Territorial  Days,  390-392. 

us  The  principal  tribes  in  that  region  were  the  Iowas,  Sioux,  Chip- 
pewa, Winnebago,  Sacs  and  Foxes,  Kaskaskias,  Peorias,  Kickapoo,  and 
Pottawatomies. 

ii6  Edward  Hempstead  was  born  at  New  London,  Connecticut,  on 
June  3,  1780.  He  received  a  classical  education  under  private  tutors, 
studied  law,  and  was  admitted  to  the  bar  in  1801.  He  practiced  law  in 
Rhode   Island   for   three   years,   and   in   1804   moved   to   the   District   of 


164         The  Life  and  Papers  of  Frederick  Bates. 

Capt.  Bissell117  and  addressed  to  the  Governor.  These  boxes 
would  have  been  taken  out,  as  Capt.  Bissell  passed  St. 
Louis,  had  I  not  been  fearful  of  increasing  those  appre- 
hensions, already  entertained  by  the  people  on  account  of 
the  smallpox.  If  you  have  men  and  a  boat  which  can  be 
spared,  you  would  very  much  oblige  me  by  ordering  this 
transport.  I  know  that  in  making  this  request  I  trespass 
far  on  your  courtesy  and  if  inconvenient  must  supply  other 
conveniences. 

I  do  not  know  in  what  state  these  arms  at  present  are. 
If  they  have  been  exposed  to  wet  during  their  passage  they 
probably  are  not  in  preparation  for  use.  You  have  few 
armourers  I  presume,  or  you  would  be  exceedingly  trou- 
bled with  my  solicitations,  but  as  your  garrison  is  not  very 
abundantly  supplied  with  artificers,  I  must  endeavor  to 
have  this  business  done  at  St.  Louis. 


TO  MICHAEL  JONES  AND  ELIJAH  BACKUS,118  COM- 
MISSIONERS OF  THE  LAND  OFFICE, 
KASKASKIA 

Gentlemen,  Saint  Louis  July  23-  1807« 

I  had  the  honor  of  receiving  this  morning  your  letter 
of  the  18th. 

Louisiana.  He  lived  for  a  while  at  St.  Charles,  but  moved  to  St.  Louis 
in  1805.  He  was  soon  appointed  deputy  attorney-general  for  the  St. 
Louis  and  St.  Charles  districts.  He  was  attorney-general  for  the  Terri- 
tory of  Louisiana  (1809-1811)  and  delegate  to  congress  from  Missouri 
Territory  (1812-1814).  In  1814  he  was  chosen  speaker  of  the  Missouri 
territorial  assembly.  He  died  August  10,  1817.  See  Billon,  Annals  of 
St.  Louis  in  its  Territorial  Days,  205-206;  Darby,  Personal  Recollections, 
19-20. 

n7  Daniel  Bissell  commanded  at  Fort  Massac  in  1799.  He  succeeded 
Colonel  Hunt  in  command  at  Bellefontaine. 

us  An   act   of   congress   of  March   26,   1804   made   provision  for  the 


The  First  Acting-Governorship.  165 

You  ask  advice  or  cooperation  in  compelling  the  attend- 
ance, on  your  board  of  certain  inhabitants  of  this  terri- 
tory. — 

If  I  had  determinate  ideas  on  a  subject  so  new  and 
important,  I  should  feel  an  extreme  degree  of  diffidence 
in  offering  them.  I  beg  leave  however  to  submit  to  you 
that  experience,  which  my  limited  acquaintance  with  the 
subject  has  furnished  me.  — 

The  judicial  powers  of  the  Board  of  Commissioners 
appear  to  be  vested  by  special  statute,  for  particular 
objects,  and  I  am  doubtful  how  far  the  constructive  powers 
of  ordinary  courts,  are  impliedly  given.  You  may  it  is 
true  compel  the  attendance  of  witnesses,  but  I  scarcely 
know  in  what  particular  mode  you  will  punish  for  con- 
tempts, altho'  such  a  power,  in  some  shape  or  other,  must 
or  ought  to  be  inseparable  from  the  nature  of  the  authori- 
ties which  you  are  exercising.  —  Much  less  can  I  see  the 
propriety  of  extending  Process,  beyond  the  limits  of  the 
District.  — 

If  however  I  am  doubtful  on  these  subjects  I  must  con- 
fess that  the  hesitation  arises,  rather  from  the  want  of 
precedents,  than  from  the  clearness  of  the  Law.  —  There 
is  now  pending  before  our  board,119  whose  powers  in  these 

disposal  of  land  in  Indiana  Territory,  and  for  the  settlement  of  claims 
based  upon  French  and  British  grants.  Land  offices  were  established  at 
Detroit,  Vincennes,  and  Kaskaskia.  The  register  and  receiver  were 
empowered  to  act  as  land  commissioners  within  their  district.  Jones 
and  Backus  acted  as  commissioners  at  Kaskaskia.  Their  report,  com- 
pleted on  December  31,  1809,  aroused  bitter  animosities  which  became 
factors  in  territorial  politics.  Clarence  W.  Alvord,  The  Illinois  Country, 
1678-1818,  pp.  419-427. 

ii9  The  land  commissioners  of  the  Territory  of  Louisiana  were  then 
governed  by  an  act  of  congress  of  March  3,  1807.  For  this  act,  see  U.  S., 
Statutes  at  Large,  II,  440-442. 


166         The  Life  and  Papers  of  Frederick  Bates. 

respects  are  very  similar  to  yours,  a  motion  for  commis- 
sions to  take  Depositions  in  Natchez. 

The  idea  of  a  summons,  extending  beyond  our  limits  was 
never,  I  believe  thought  of,  and  Depositions  appear  to  be  a 
species  of  evidence  totally  inadmissible.  As  Executive  of 
the  territory,  I  cannot  cooperate  in  the  service  of  your 
Process.  Could  I  reconcile  it  with  my  duty,  I  should  feel 
a  pleasure  in  doing  so.  — 

Since  however,  the  presence  of  these  men  appears  so 
desirable,  I  have  advised  Mr  Robinson  to  visit  Saint 
Charles  and  the  Meramac  and  endeavour  to  effect  by  per- 
suasions what  I  am  inclined  to  believe  cannot  be  compelled 
by  law.  — 


TO  WILLIAM  CLARK 

Saint  Louis  July  25.  1807 


Dear  Sir, 


Major  DeLaunay  returned  last  night  with  the  Organ- 
ization. He  delivered  me  your  two  letters  of  the  23d  & 
24.  —  The  rumours  of  Indian  hostility  have  been  too  seri- 
ously represented.  —  We  have  indeed  received  letters 
which  speak  of  an  association  of  several  of  the  nations  in 
our  vicinity  for  the  purpose  of  attacking  the  white  settle- 
ments. It  is  even  said  that  an  artful  fellow,  a  half  blooded 
Shawanee  from  Canada,  caused  it  to  be  reported  as  pro- 
phcyed  some  time  ago,  that  a  God  would  very  soon  appear 
in  the  Illinois  Country  for  the  purpose  of  enabling  the 
Indians  to  retaliate  the  injuries  which  they  are  taught  to 
believe  they  are  suffering  from  our  government.  What 
these  wrongs  are,  it  is  impossible  for  me  to  conjecture; 
nor  do  I  recollect  that  they  have  made  any  complaints,  an 


The  First  Acting-Governorship.  167 

inattention  to  which,  on  our  part,  could  have  created  the 
slightest  degree  of  dissatisfaction. 

This  Rascal,  as  the  story  goes,  lately  fulfilled  all  the 
predictions  as  far  as  related  to  his  'coming'  and  the  more 
exactly  to  personate  a  God,  he  has  assumed  the  appearance 
of  old  age  and  infirmity ;  a  mysterious,  abstracted  manner ; 
a  slovenly,  slouching  gait,  and  a  long  counterfeit  beard.  — 
After  all  this  it  cannot  be  wondered  at  that  his  Apotheosis 
should  be  chanted  from  Dan  to  Beersheba,  from  the  Lakes 
to  the  Missouri.  —  But  the  most  important  part  of  the  pre- 
diction, to  wit  this  supernatural  Emissary's  scheme  of 
vengeance,  remains  yet  in  the  womb  of  Fate,  if,  as  I  have 
very  good  reasons  to  think,  an  abortion  has  not  already 
taken  place.  —  But  seriously  General,  I  beg  you  to  give 
yourself  no  uneasiness  on  these  subjects:  There  will  be 
nothing  to  do.  His  Divinityship  has  indeed  created  some 
little  stir  and  bustle,  as  these  imposters  always  do  but  you 
are  mistaken  in  supposing  that  Boilvin120  gives  us  all  these 
fearful  informations.  —  It  is  Obannon  alone,  who  has 
taken  upon  himself  to  write  also,  in  the  name  of  a  French- 
man, in  whom  I  have  quite  as  little  confidence.  —  On  the 
receipt  of  these  letters,  with  a  great  deal  of  black  sealing 
wax  about  them,  I  immediately  dispatched  an  Express  to 
Boilvin,  who  had  left  St.  Louis  some  days  previously  for 
the  upper  country,  requesting  him  to  make  the  most  cau- 

120  Nicolas  Boilvin  was  born  in  Canada  in  1761.  He  moved  to  Spanish 
Louisiana  in  1774.  For  many  years  he  resided  in  the  Ste.  Genevieve 
District.  In  1802  he  was  at  Mine  a  Burton  and  in  1803  was  a  petitioner 
for  lands  at  Old  Mines.  In  1806  he  was  appointed  assistant  Indian  agent 
at  the  Sacs  villages.  In  1808  he  was  sent  to  Prairie  du  Chien  to  serve 
as  Indian  agent  in  the  place  of  John  Campbell,  who  had  been  killed  in 
a  duel.  See  Iowa  Journal  of  History  and  Politics,  XII,  494-495;  Minne- 
sota Historical  Society,  Collections,  III,  173;  Wisconsin  Historical  Col- 
lections, XIX,  314. 


168         The  Life  and  Papers  of  Frederick  Bates. 

tious  and  diligent  enquiry  in  order  to  ascertain  the  truth 
or  falsehood  of  these  rumours.  My  messenger  has  returned 
with  his  answer  in  which  he  expresses  every  necessary  Zeal 
for  the  performance  of  his  duty;  but  conjectures  that  the 
alarms  are  as  groundless  as  those  which  we  are  every  year 
accustomed  to  hear,  on  the  frontiers.  I  have  issued  orders 
for  an  immediate  examination  of  the  arms  and  requiring 
every  man  to  equip  himself  as  the  Law  directs.  The 
deficiencies  of  arms  will  be  immediately  reported,  and  sup- 
plyed  if  the  danger  should  become  alarming  by  a  distribu- 
tion of  those  lately  arrived.  As  often  as  I  have  interesting 
matter  I  will  write  you  at  Louisville. 


TO  HENRY  DEARBORN 

Saint  Louis  Aug  2d.  1807. 
Sir, 

I  do  myself  the  honor  of  enclosing  the  translation  of  a 
letter  which  I  have  lately  received  from  a  French  Trader 
at  the  Ricaras'  Village.121  As  this  letter  contains  all  the 
evidence  which  I  have  of  the  insecurity  of  the  navigation 
of  the  Missouri,  I  forbear  to  make  comments.  —  Of 
Courtin  I  know  nothing ;  —  It  is  said  that  he  is  respect- 
able. — 

Graveline,122  the  Ricaras '  Interpreter,  who  was  sent  up 
the  River,  in  charge,  as  I  understand,  of  the  property  of 
a  chief,  who  died  during  a  visit  to  the  government,  presents 

121  The  Arikara  villages  were  on  the  west  bank  of  the  Missouri  River 
about  opposite  Campbell,  South  Dakota. 

122  Joseph  Gravelines,  a  Frenchman  and  squaw  man,  lived  for  over 
twenty  years  among  the  Arikara.  He  was  very  useful  to  Lewis  and 
Clark.     In  1805  he  accompanied  an  Arikara  chief  to  Washington. 


The  First  Acting-Governorship.  169 

an  account  of  $200  for  unavoidable  expenses  incurred  in 
the  expedition. 

Mr.  Chouteau1-"  the  Agent,  in  the  absence  of  General 
Clark  consulted  me  with  respect  to  the  propriety  of  settling 
it.  —  I  declined  an  interference  in  pursuance  of  those 
determinations  communicated  to  you  in  my  letter  of  the  15 
of  May  last.  Mr.  C.  will  he  tells  me  pay  the  demand,  as 
the  necessities  of  Graveline  will  not  suffer  the  delay  of  an 
application  to  you.  — 

We  hear  a  great  deal  of  Indian  preparation  for  war; 
but  I  dislike  extremely  to  trespass  on  your  time  by  a  need- 
less recital  of  groundless  rumours.  —  Obannon,  a  man 
in  the  service  of  the  Indian  department  at  the  Sac-Village 
has  lately  written  me  on  these  subjects.  He  has  I  suspect, 
combined  those  reports  of  hostility  which  always  circulate 
on  the  frontier  and  clothed  them  with  imaginary  terrors 
for  the  purpose  of  inducing  government  to  make  a  military 
establishment  in  that  quarter. 

Altho '  I  am  persuaded  that  these  alarms  will  pass  away 
without  serious  results,  I  have  not  thought  myself  at  lib- 
erty altogether  to  neglect  the  intimations. 

I  dispatched  an  Express  to  Boilvin,  who  was  on  his  way 
to  the  upper  country,  with  instructions  to  ascertain  the 
truth  or  falsehood  of  Obannon's  account.  —  Orders  have 
likewise  been  issued  for  the  Militia  to  be  in  readiness  to 
repel  an  attack  should  it  be  made. 

Twenty  boxes  of  arms  and  a  box  of  Flints  have  been 
this  day  received  from  Belle  Fontaine  whither  they  had 
been  carried  at  my  desire  to  avoid  the  contagion  of  the 
small  pox  which  was  said  to  be  on  board  Captain  Bissell's 

123  pierre  Chouteau. 


170         The  Life  and  Papers  of  Frederick  Bates. 

Boats    and    of   which   the    People    of    Saint   Louis   were 
extremely  apprehensive. 


TO  JAMES  MADISON 

St.  Charles  Aug.  8.  1807 
Sir, 

I  had  the  honor  of  receiving  this  day,  by  Express  from 
St  Louis,  your  letter  of  the  2d  ulto.  covering  the  Presi- 
dent's Proclamation  on  the  subject  of  the  late  outrage  on 
the  Chesapeake,  and  other  national  differences.124 

On  this  remote  frontier,  we  partake  in  the  fervors  of  our 
Atlantic  Countrymen;  and  should  the  occasion  present 
itself,  would,  I  am  persuaded  shew  ourselves  Americans 
as  well  as  in  conduct  as  in  profession. 

It  has  not  been  in  my  power  to  make  Eeports  of  the 
legislative  and  executive  acts:  They  shall  be  transmitted 
before  the  next  session  of  Congress.  — 

To  defray  the  expences  of  printing  the  territorial  laws, 
I  presume  I  shall  be  permitted  to  draw  on  the  Secretary 
of  the  Treasury. 


TO  JAMES  MADISON 

Saint  Louis  Aug  12.  1807. 
Sir, 

As  permitted  by  your  letter  to  my  predecessor  of  3d 
January  last  I  have  this  day  drawn  on  you  at  five  days 

124  The  British  frigate  Leopard  fired  upon  the  Chesapeake  on  June  22, 
1807.  On  July  2  Jefferson  issued  a  proclamation  requiring  all  British 
war  vessels  to  leave  American  waters;  intercourse  with  them  was  for- 
bidden,  and   furnishing  them  with  supplies   was   prohibited.     American 


The  First  Acting-Governorship.  171 

sight  in  favor  of  Colo.  John  Small  of  Vincennes  for  the 
sum  of  two  hundred  and  twenty  eight  dollars  for  seals 
furnished  for  the  use  of  this  territory.  — 

I,  at  first,  thought  the  amount  somewhat  immoderate, 
but  Governor  Harrison  writes  me  that  he  has  paid  similar 
prices. 

A  duplicate  of  Mr.  Small's  acct.  is  inclosed. 


TO  HENBY  DEARBOKN 

glR  Saint  Louis  Aug  12  1807. 

On  examining  the  arms  lately  arrived  for  the  defence  of 
this  territory,  find  that  they  have  contracted  a  rust  which 
will  render  them  unfit  for  use  until  they  are  cleaned  and 
repaired. 

I  was  unwilling  to  incur  an  expence  for  this  object  and 
applyed  to  Colonel  Hunt,  who  I  imagined  would  find  it 
convenient  to  give  me  the  assistance  of  three  or  four  sol- 
diers. He  has  declined  to  do  so,  alledging  the  variety  of 
garrison  and  fatigue  duty  in  which  his  men  are  continually 
employed. 

I  shall  take  the  liberty  of  drawing  on  you  for  the  amount 
of  this  expenditure,  and  hope  that  you  will  sanction  a 
measure  which  existing  circumstances  appear  to  me  to 
render  indispensable. 

Mr.  Boilvin  is  yet  in  the  Indian  Country  endeavouring 
to  ascertain  the  cause,  extent  and  object  of  the  combina- 
tion, which  I  am  convinced  has  been  forming  for  some 
time  past. 

State  Papers,  Foreign  Affairs,  III,  23-24;  J.  D.  Richardson,  Messages  and 
Papers  of  the  Presidents,  I,  422-424;  Henry  Adams,  History  of  the 
United  States,  IV,  1-26. 


172         The  Life  and  Papers  of  Frederick  Bates. 

He  wrote  me  from  the  Sac  village  on  the  2d  of  the  present 
month  and  gives  as  his  opinion  that  a  few  arms  should  be 
sent  to  River  Des  Moines  to  enable  the  settlers  in  that 
quarter  to  defend  themselves.  I  do  not  however  deem  it 
prudent  to  defeat  the  intentions  of  government  by  so  negli- 
gent a  distribution.  If  our  citizens  disperse  themselves  so 
widely,  they  ought  to  encounter  the  hazzards,  and  not 
expect  to  be  followed  by  protection  in  all  their  erratic 
enterprizes.  — 

The  British  Merchants  of  Canada,  are  plotting  mis- 
chiefs —  and  will  dispose  as  many  of  the  northern  Indians 
to  hostility  as  possible.  In  the  event  of  a  war  they  will 
endeavor  to  supply  them  with  military  stores,  which  might 
I  should  think  be  intercepted  by  the  vigilance  of  the  officers 
commanding  on  the  Lakes. 


AUGUSTUS  B.  WOODWARD  TO  BATES 

Detroit,  August  12.  1807. 

I  had  the  happiness  on  the  seventh  of  this  month  of 
receiving  your  letter  of  the  eighteenth  of  June. 

My  respect  and  attachment  for  you  have  not  been 
changed,  they  have  not  been  diminished  in  the  smallest 
degree,  by  any  of  the  occurrences  to  which  you  have 
adverted.  They  have  been  hitherto  unchangeable,  and  I 
flatter  myself  will  remain  so  forever. 

So  far  as  the  publications  you  speak  of  implicates  the 
personal  honor  of  the  officers  of  government  I  have  fully 
justified  the  governor,  yourself,  Mister  Griffin,125  and 
myself,  in  a  letter  to  the  Secretary  of  State ;  shewing  that 

125  John  Griffin,  Michigan  territorial  judge. 


The  First  Acting-Governorship.  173 

the  two  latter  were  uninterested,  defining  the  extent  of 
interest  with  respect  to  the  first,  and  stating  that  with 
respect  to  the  donation  to  which  you  were  entitled  it  was 
impossible  for  the  conduct  of  any  person  to  be  more  disin- 
terested and  honorable.  So  far  as  those  publications 
impeach  the  propriety  of  public  measures  they  can  only 
be  tested  by  the  result,  and  this  will  be  better  than  was 
expected.  —  A  petition  has  lately  been  circulated  requesting 
the  President  of  the  United  States  to  dismiss  the  Governor 
from  office.  It  had  obtained  numerous  signatures,  but  the 
contents  were  kept  profoundly  secret.  Report  ascribed  the 
principal  agency  to  Mr.  Griswold,  Mr.  Abbott,  Mr.  Wil- 
liams, and  Mr.  Gentle.126  A  copy  of  the  petition  was 
demanded  by  letter  and  refused.  The  Governor  dismissed 
Mister  Abbott  from  all  his  offices.  Mister  Williams  has 
resigned,  and  left  the  country.  Mister  Cotterell,  who  had 
signed,  has  done  the  same.  —  These  events  gave  great  sur- 
prize to  the  inhabitants;  and  occasioned,  of  course,  much 
discussion.  The  result  was  that  the  public  mind  became 
enlightened,  the  objects  of  the  intrigues  were  perceived, 
incessant  demands  were  made  to  take  off  the  names  of 
signers,  and  the  influence  of  the  intriguers  became  effect- 
ually checked,  if  not  dissipated.  We  are  now  once  more 
comparatively  calm,  if  it  were  not  for  another  idle  tale 
of  an  Indian  war,  to  which  I  am  sorry  to  say  the  Governor 
gives  too  much  credit,  and  takes  measures  which  I  am 
apprehensive  will  give  him  future  trouble.  He  is  fortifying 
the  town  from  Beaubien's  farm  to  Mc  Comb's,  and  from 
the  river  to  the  little  square,  contrary  to  the  most  earnest 
advice  I  could  give  him,  and  without  a  shilling  to  meet  the 

126  Probably  John  Williams  and  John  Gentle.     See  list  of  inhabitants 
of  Detroit  in  1806,  in  Michigan  P.  and  H.  Society,  Collections,  I,  345. 


174         The  Life  and  Papers  of  Frederick  Bates. 

enormous  expence.  Picquets,  blockhouses,  and  batteries 
appear  in  all  directions.  Our  panic-struck  inhabitants 
out-rival  the  industry  of  the  bee.  But  I  know  what  will 
be  the  result.  Their  ardor  will  cool  before  the  work  is 
half  done.  What  will  have  been  done  will  then  be  of  no 
more  service  than  if  it  had  been  entirely  omitted.  In 
revenge  for  their  own  folly  they  will  turn  round,  and  load 
with  imprecations  their  good  and  well  meaning  executive. 
They  will  sign  another  petition  to  have  him  dismissed  from 
office,  and  he  will  have  a  second  course  of  persecution  to 
sustain.  He  does  not  understand  the  temper  of  the  people 
of  this  country,  and  his  want  of  firmness  will  diminish  his 
usefulness. 

I  render  you  my  thanks  for  the  biographical  notices  in 
your  letter,  with  which  I  was  much  gratified;  and  my 
fervent  aspirations  for  your  health  and  happiness. 


TO  AUGUSTE  CHOUTEAU 

gm  Saint  Louis  Aug  20.  1807. 

Desirous  of  availing  the  District  of  Saint  Louis  of  your 
services  I  enclose  you  a  commission  as  Judge  of  the  Courts 
of  Common  Pleas,  and  of  the  Quarter  Sessions. 


TO  RICHARD  BATES 

Saint  Louis  Aug  24.  1807. 

You  cannot  have  forgotten,  my  dear  Richard  our  con- 
versations on  the  subject  of  my  differences  with  Judge 
Griffin.  I  never  did  injure  the  man;  but  his  petulant  sus- 
picious ill  nature  conjured  up  certain  charges  which  I  was 


The  First  Acting-Governorship.  175 

very  desirous  to  have  personally  rebutted.  —  But  as  cir- 
cumstances which  I  knew  not  how  to  controul,  prevented 
my  immediate  return  to  Detroit  I  replied  by  Post  to  the 
Judge's  intemperate  letter,  and  pledged  myself,  when 
opportunity  served,  to  make  him  ashamed  of  his  unhand- 
some treatment  of  me.  This  letter  was  couched  in  terms 
somewhat  peremptory,  and  has  awakened  it  seems,  the 
most  vindictive  and  blood  thirsty  resentments.  He  has 
been  at  Vincennes  for  six  or  eight  weeks,  waiting  I  pre- 
sume, the  arrival  of  Governor  Lewis,  in  whose  absence 
he  knows  that  I  cannot  meet  him.  — 

I  have  been  taking  my  measures,  deliberately  and  at 
leisure.  —  I  have  the  letters  of  Judge  Woodward,  which 
are  honorable  testimonies  in  my  behalf  and  the  most 
damning  proofs  of  Griffin's  ungentlemanly  forfeiture  of 
his  honor  solemnly  pledged.  I  defy  him  to  produce  one 
reasonable  complaint  against  me.  I  am  the  person  injured, 
and  he  foolishly  comes  forward  to  demand  satisfaction.  — 
He  shall  be  satisfied.  — 

No  sooner  did  he  arrive  at  Vincennes  than  he  tells  his 
business.  'He  is  going  to  Louisiana  to  call  Bates  to 
account. '  —  Every  eastern  breeze  wafts  us  accounts  of  his 
vapouring.  Is  such  conduct  like  a  man  of  honor!  Is  it 
worthy  of  Judge  Griffin  or  of  me?  Hereafter  I  will  give 
you  a  statement  of  the  whole  affair:  At  present  I  have 
not  time.  This  I  will  say,  that  I  feel  a  proud  consciousness 
of  right,  and  a  determination  steadily  to  pursue  that  path 
which  my  best  judgments  dictate.  —  &c.  &c.  &c. 

F.  BATES. 

Note:  This  letter  was  never  sent.  Judge  G.  disavows 
the  Threats  he  had  heard  similar  ones  of  me  wch.  I  also 

disavow-  F.  BATES  Sep  20.  1807. 


176         The  Life  and  Papers  of  Frederick  Bates. 

GEORGE  HOFFMAN127  TO  BATES 

Mackinac,  Aug.  25,  1807. 
Dear  Sir, 

It  is  thought  probable  that  an  Indian  Agent  will,  the 
ensuing  fall,  be  appointed  to  reside  at  the  Prairie  du  Chien. 
John  Campbell,128  Esq.,  who  resides  at  that  place  will  accept 
of  the  appointment  if  it  is  offered  to  him. 

Capt.  Dunham129  &  myself  have  presumed  to  recommend 
him.  He  is  in  my  opinion  perfectly  qualified  &  capable  of 
discharging  the  duties  of  that  office  faithfully  &  for  the 
interest  and  advantage  of  our  Government. 

He  has  lived  many  years  amongst  the  Indians,  is  per- 
fectly acquainted  with  the  languages,  manners  and  customs 
of  the  Indians  of  that  Country.  Has  more  influence  over 
them  than  perhaps  any  other  person  in  the  U.  S. 

Mr.  Campbell  is  a  gentleman,  a  man  of  invincible  honor 
&  honesty.  Should  you  think  proper  to  recommend  him  to 
the  President  of  the  United  States  for  that  office  you  will 
confer  a  very  singular  obligation  on  your  friend.     .     .     . 

P.  S.     I  wrote  to  you  Pr.  Mr.  Aird130  on  the  subject  of 
this  letter,  but  as  it  is  uncertain  whether  he  will  reach  St. 

127  Hoffman  was  Bates'  associate  as  land  commissioner  at  Detroit. 

128  John  Campbell  was  a  British  subject  and  for  a  time  was  con- 
nected with  the  Michillimackinac  Company.  He  eventually  became  a 
citizen  of  the  United  States  and  was  appointed  Indian  agent  at  Prairie 
du  Chien.  He  was  called  to  Mackinac  on  business  and  there  got  into 
difficulties  with  Louis  Crawford,  an  agent  of  the  Michillimackinac  Com- 
pany. In  a  duel,  Redford  Crawford,  the  brother  of  Louis,  killed  Camp- 
bell. See  the  Missouri  Gazette,  November  30,  1808;  Wisconsin  Historical 
Collections,  XIX,  325,  342. 

129  Probably  Josiah  Dunham. 

130  James  Aird  was  a  Scotchman  who  embarked  in  the  fur  trade  at 
Mackinac.     He  was  one  of  the  earliest  settlers  at  Prairie  du  Chien.     In 


The  First  Acting-Governorship.  177 

Louis  so  soon  as  the  boat,  which  is  just  about  starting, 
etc.,  I  have  taken  the  liberty  of  writing  to  you  again. 
I  shall  be  extremely  happy  to  hear  from  you  often. 


TO  RICHARD  JONES  WATERS,131  FIRST  JUDGE  OF 
THE  DISTRICT  OF  NEW  MADRID 

Saint  Louis  Sept  1.  1807. 
Sib, 

The  Mail  of  this  morning  brought  me  your  letter  of  the 
12  ulto.  —  Commissions  for  yourself  and  Mr.  Amoureux 
as  Judges  had  been  forwarded  some  days  previously  to 
the  receipt  of  your  recommendations.  —  I  now  transmit 
commissions  for  Messrs.  Winsor132  &  Dorsay.133  — 

I  regret  that  you  had  not  as  Commissioners  of  Rates  & 
Levies,  made  such  a  Division  of  the  District,  into  Town- 
ships,  as  the  Law,  long  since  transmitted,  contemplates.  — 
Until  the  Division  mentioned  in  your  letter  be  concurred 
in  by  one  other  of  the  Commissioners,  at  least,  I  must  beg 

1806  Lewis  and  Clark  met  him  ascending  the  Missouri  River.  In  May, 
1811  Bradbury  met  him  at  the  Omaha  village.  He  was  on  the  British 
side  in  the  War  of  1812.  From  the  cessation  of  hostilities  until  his 
death  in  1819,  he  operated  mainly  upon  the  upper  Mississippi.  See 
John  Bradbury,  Travels,  in  Early  Western  Travels,  V,  87;  Wisconsin  His- 
torical Collections,  IX,  178-179. 

131  Waters  was  a  native  of  Maryland,  who  was  induced  by  Morgan 
to  settle  at  New  Madrid.  He  engaged  extensively  in  the  Indian  trade 
and  was  a  large  landholder.  He  was  a  judge  of  the  New  Madrid  District 
court  of  common  pleas  and  quarter  sessions  which  was  organized  in  1805. 

132  Christopher  Winsor  or  Windsor  was  living  in  the  District  of  New 
Madrid  as  early  as  1796. 

133  Dr.  Samuel  Dorsey  or  Dorsay,  a  native  of  Maryland,  was  a  sur- 
geon.   He  moved  from  Vincennes  to  New  Madrid  in  1793. 


178         The  Life  and  Papers  of  Frederick  Bates. 

you  to  withhold  the  Commissions  herewith  inclosed,  for 
Justices. 

I  shall,  at  all  times,  be  happy  to  hear,  from  you,  on  the 
affairs  of  the  District. 


TO  THOMAS  C.  SCOTT134 

Saint  Louis  Sep  1.  1807 
Sir, 

The  appointments  of  Treasurer  and  coroner  for  your 
District  do  not  appear  on  the  Register,  delivered  me  by  my 
Predecessor. 

I  enclose  commissions  for  both  those  officers,  under  an 
expectation  that  they  are  vacant. 

Should  they  be  already  filled,  you  will  oblige  me  by  de- 
stroying the  commissions  now  forwarded. 


TO  COLONEL  THOMAS  HUNT 

Saint  Louis  Sep  4.  1807. 
Sir, 

The  letter  of  Mr.  Hunt135  which  you  did  me  the  favor  to 
enclose,  I  have  read  with  attention. 

The  Indian  alarms,  independently  considered  would  be 

1 34  Thomas  C.  Scott  was  appointed  clerk  of  the  court  of  common 
pleas  and  quarter  sessions  of  the  District  of  Cape  Girardeau  on  May  7, 
1807,  succeeding  Joseph  McFerron. 

135  Probably  Wilson  P.  Hunt.  He  came  from  Trenton,  New  Jersey, 
to  St.  Louis  in  1804  and  engaged  in  the  merchandise  business  with  John 
Hankinson.  In  1810  he  became  connected  with  the  Astor  interests,  and 
in  1811  left  St.  Louis  with  seventy  men  to  ascend  the  Missouri  River 
and  go  to  the  Pacific. 


The  First  Acting-Governorship.  179 

scarcely  worth  regard;  but  taken  in  connection  with  our 
differences  with  G.  Britain  become  most  seriously  inter- 
esting. 

Boilvin  has  returned.  He  brings  no  explicit  informa- 
tions. The  Sacs,  and  other  Indians  of  the  Mississippi 
treated  him,  on  his  first  arrival  among  them,  with  coolness 
and  distance:  and  altho'  by  art  and  management,  he  did, 
before  his  return,  hold  several  conversations  with  them, 
it  was  evident  that  their  minds  had  been  poisoned  by  mis- 
chievous Emissaries. 

The  accounts  which  I  have  received  from  various  quar- 
ters, agree  in  this,  that  the  Indians  of  the  north  and  the 
west,  of  the  Mississippi  and  Missouri  can  never  be  brought 
to  cooperate.  Mr  Chouteau,  pledges  himself,  in  the  event 
of  a  war,  for  the  neutrality  of  the  Osages.  These  latter  have 
received  invitations  from  the  Sacs,  to  meet  them  in  Council, 
the  latter  end  of  this  month.  Their  chief  White  Hairs136 
is  greatly  opposed  to  this  meeting,  and  has  desired  Mr. 
Chouteau,  to  visit  his  villages,  in  order  to  strengthen  his 
authority,  and  prevent  by  his  Councils,  the  young  men  from 
assembling.  — 

A  PROCLAMATION 

By  Frederick  Bates  Secretary  of  the  Territory  of  Louis- 
iana and  exercising  the  Government  thereof 

Whereas,  by  an  Act  of  the  Congress  of  the  United  States, 
of  the  3d  of  March  last,  it  was  enacted  that  no  person 

136  An  Osage  chief,  known  also  as  Teshuhimga,  Cahagatonga,  Pahuska, 
or  Cheveux  Blancs.  He  was  head  chief  of  the  Great  Osage.  Lieutenant 
Wilkinson  claimed  that  he  was  created  a  chief  through  the  influence  of 
Pierre  Chouteau.  In  July,  1804,  on  the  recommendation  of  Lewis, 
Chouteau  took  White  Hairs  and  a  delegation  of  Osages  to  Washington. 


180         The  Life  and  Papers  of  Frederick  Bates, 

should,  after  that  day,  take  possession  of,  or  make  settle- 
ment on  any  lands  ceded  or  secured  to  the  United  States, 
by  any  treaty  made  with  a  foreign  nation ;  nor  survey,  nor 
attempt  to  survey  such  lands;  nor  designate  boundaries, 
by  causing  trees  to  be  marked  thereon,  unless  duly  author- 
ised so  to  do.  —  And  whereas,  I  have  been  directed  by  the 
President  of  the  United  States  to  execute  and  carry  into 
effect  the  said  Provision  as  relates  to  this  Territory  — 

Now  therefore,  I  do  strictly  in  join  and  require  that  all 
Intruders  falling  within  the  above  Prohibition,  remove, 
without  delay  from  such  settlements,  and  that  all  persons 
forbear,  in  future  to  violate  the  provisions  of  the  said  Act, 
as  the  penalties  thereof  will  be  rigidly  enforced  against  all 
offenders. 

In  testimony  whereof,  I  have  caused  the  Seal  of  the 
territory  to  be  hereunto  affixed  and  subscribed  my  name  at 
Saint  Louis  the  Sixth  day  of  September,  one  thousand, 
eight  hundred  &  seven,  and  in  the  32d  year  of  the  Inde- 
pendence of  the  U  States. 

FREDERICK  BATES 


TO  ALBERT  GALLATIN 

St.  Louis  8  Sept.  1807. 
Sir, 

I  was  honored  with  your  instructions  of  the  29  July  by 
last  mail.     The  Presidents  constructions  of  the  1st137  & 

See  John  Bradbury,  Travels,  in  Early  Western  Travels,  V,  38,  62;  Timothy 
Flint,  Recollections,  155;  Louis  Houck,  History  of  Missouri,  I,  192-194; 
Z.  M.  Pike,  Expeditions  of  .  .  .  (Coues,  ed.),  II,  387-393,  557-558; 
F.  W.  Hodge,  Handbook  of  American  Indians,  II,  994. 

137  Section  1  repealed  that  portion  of  Section  1  of  the  act  of  congress 


The  First  Acting-Governorship.  181 

4th138  Sections  of  the  act  of  the  3d  of  March  last,  and  his 
forbearance  with  respect  to  the  execution  of  the  14  Section 
of  the  act  of  the  26th  March  1804,139  will,  in  a  great  degree, 
prevent,  for  the  present,  the  removal  of  Intruders,  who 
for  the  most  part  made  their  establishments  before  the  act 
of  the  3d  of  March  last  'To  prevent  settlements  &c.  &c.' 

It  is  I  think  certain  that  those  persons  can  have  no 
pretensions  to  title,  neither  under  the  act  of  the  2d  of 
March  1805,140  alluded  to  in  the  1st  Section  of  the  late  act, 
nor  under  those  acts  subsequently  passed  on  the  land 
subject. 

From  the  concluding  Paragraph  of  your  letter,  I  under- 
stand your  expectations  to  be,  that  I  should  obtain  the 
possession  for  the  United  States  of  those  Lead  Mines,  on 
which  intrusions  were  made  before  the  4th  of  March  last, 
by  the  amicable  means  of  conditional  leases,  and  by  those 
means  only.  This  expedient  will  be  attempted,  if  I  find  it 
practicable  on  eligible  terms:  But  from  the  temper  of  the 
present  occupants,  I  have  no  reason  to  anticipate  a  peace- 
able compromise. 

Between  these  People  and  myself,  there  is  at  this  time, 
neither  correspondence  nor  confidence,  and  I  well  know 
that  nothing  but  the  compelling  sanctions  of  the  Law,  will 

of  March  2,  1805,  which  provided  "that  no  incomplete  title  shall  be  con- 
firmed unless  the  person  in  whose  name  the  warrant  or  order  of  survey 
had  been  granted,  was  at  the  time  of  its  date,  either  the  head  of  a 
family,  or  above  the  age  of  twenty-one  years."  U.  S.,  Statutes  at  Large, 
II,  440. 

138  Section  4  gave  the  land  commissioners  large  powers  in  the  settling 
of  claims  held  under  French  and  Spanish  grants.    Ibid.,  II,  441. 

139  For  Section  14  of  the  act  of  congress  of  March  26,  1804,  see  ibid., 
II,  287-289. 

1*0  For  the  act  of  March  2,  1805,  see  ibid.,  II,  331-332. 


182         The  Life  and  Papers  of  Frederick  Bates. 

ever  place  them,  on  an  equality  of  right,  with  the  orderly 
inhabitants  of  this  country. 

Numerous  applications  have  been  made  by  persons 
desirous  of  becoming  tenants  at  will,  under  the  2d  Section 
of  the  act141  of  the  last  Session. 

These  permissions  can  be  given  only  in  conformity  with 
your  instructions :  and  the  persons  applying  have  been  in- 
formed that  the  Provision  does  not  embrace  Louisiana, 
until  you  may  think  proper  to  extend  it. 


TO  HENRY  DEARBORN 

St.  Louis  8  Sept  1807. 
Sir, 

Mr  Boilvin  has  returned  from  the  Upper  Country. — 
As  he  thinks  it  his  duty  to  report  immediately  to  yourself 
it  cannot  be  necessary  that  I  do  so. 

He  is  honest;  faithful;  and  sufficiently  industrious;  but 
from  a  strange  perversity  of  thinking,  he  sometimes  acts 
with  much  indiscretion.  —  As  his  conduct  is  governed  by 
special  instructions  from  yourself,  I  have  not  permitted 
myself  to  interfere  in  the  ordinary  affairs  of  his  Sub 
Agency:  But  on  a  late  occasion,  the  affair  which  is  the 
subject  of  his  present  report,  when  I  desired  him  to  ascer- 
tain certain  facts,  he  deemed  it  sufficient  to  lay  those  facts 
before  you,  until  I  convinced  him  by  a  very  warm  remon- 
strance, that  it  was  also  necessary  for  the  safety  of  the 
Territory,  that  I  should  be  informed  on  the  subject. 

"I  U.  S.,  Statutes  at  Large,  II,  440. 


The  First  Acting-Governorship.  183 

TO  SAMUEL  HAMMOND,  JR.,142  MINE  A  BURTON143 

gIR  Saint  Louis  Sep  11.  1807. 

Your  letter  of  the  8th  was  handed  me  by  Mr  Hart.  —  It 
is  like  yourself,  open  frank  and  unequivocal.  The  spirit 
which  it  breathes  is  truly  American;  and  I  consider  our 
country  fortunate  and  happy  in  being  the  mother  and  the 
nurse  of  so  numerous  a  band  of  Choice  Spirits,  ready  on 
all  proper  occasions  to  guard  her  rights,  and  vindicate  her 
honor. 

My  notions  of  the  defence  of  a  frontier  are  however 
somewhat  different  from  yours.  When  we  establish  our- 
selves on  the  borders  we  voluntarily  encounter  hazzards  of 
various  kinds;  and  you  and  myself,  I  am  very  sure,  are 
too  much  of  Republicans,  to  wish  a  regular  army,  perma- 
nently stationed  for  our  defence.  As  we  are  uncertain, 
when  if  ever,  the  attack  will  be  made,  we  should  ourselves 
be  prepared  to  repel  it. 

It  is  not  even  just  that  the  People  of  the  United  States 
should  pay  the  expences  of  our  equipment.  They  already 
pay  large  sums  on  our  account,  and  I  am  aware  of  no  very 
good  reason,  which  could  be  given,  Why  they  should  also 
pay  for  the  arms  necessary  for  the  defence  of  our  fire- 
sides.    When  we  have  exerted  our  strength  and  found  it 

1*2  Colonel  Samuel  Hammond,  Sr.,  was  a  Revolutionary  War  veteran 
from  Virginia.  He  was  bitterly  opposed  to  Wilkinson.  Wilkinson  charged 
Hammond's  nephew,  Samuel  Hammond,  Jr.,  with  the  wanton  murder  of 
an  Indian.  The  coroner's  inquest,  held  at  St.  Louis  on  May  26,  1806, 
found  that  he  killed  a  Kickapoo  Indian  while  defending  Colonel  Return 
J.  Meigs  and  Dr.  Antoine  Saugrain. 

143  The  spelling  varied.  It  was  commonly  spelled  Mine  a  Burton  or 
Mine  a  Breton,  but  it  appears  as  Mine  a  Briton,  Mine  au  Briton,  Mine 
a  Britan,  etc. 


184         The  Life  and  Papers  of  Frederick  Bates. 

insufficient,  we  shall  then,  and  not  before,  be  reinforced 
by  regulars. 

It  is  true  that  I  have  lately  received  a  few  hundred  stand 
of  arms;  but  to  scatter  them  over  the  territory  would  be 
to  render  them  totally  useless  and  defeat  the  views  of  the 
general  government  to  whose  liberality  we  are  indebted 
for  them. 

A  better  occasion  than  the  present  will  be  chosen  for 
their  distribution. 


TO  ANTHONY  HAYDEN144  AND  THOMAS  C.  SCOTT145 

St.  Louis  Sep  12.  1807. 
Gentlemen, 

It  had  been  erroneously  impressed  upon  my  mind  that 
a  Dedimus  to  administer  oaths  had  been  long  since  for- 
warded to  the  Cape.146 

I  now  enclose  one  —  with  my  regrets  that  the  late  diffi- 
culties should  have  occurred  thro '  my  omissions.  — 


TO  THOMAS  C.  SCOTT 

St.  Louis  Sep  12.  1807. 
Sir, 

Your  Commission  as  Clerk  of  the  Court  of  Common 
Pleas,  and  of  Sessions  &  of  Agent  Terminer  were  for- 
warded some  time  ago,  I  now  send  you  seals  for  the  two 

144  A  lawyer  of  Cape  Girardeau.     Bates  spelled  the  name  Haden. 

145  Probably  Thomas  Baytop  Scott,  who  in  1805  was  appointed  com- 
mandant of  the  District  of  Cape  Girardeau. 

146  Cape    Girardeau    was    known    locally    as    "The    Cape."     Babcock, 
Memoir  of  John  Mason  Peck,  82. 


The  First  Acting-Governorship.  185 

former  courts  with  which  I  believe  your  office  has  never 
been  furnished. 

Enclosed  you  have  also  a  copy  of  the  Law  ascertaining 
Fees.147  It  will  remain  in  your  office,  but  I  desire  it  may  be 
consulted  by  those  concerned. — 

Your  refusal  to  administer  Oaths  of  Office  to  the  persons 
lately  appointed,  was  certainly  correct  and  proper ;  but  the 
reasons  you  give  for  it  are  totally  inapplicable.  Had  you 
read  the  organic  law  of  the  Territory,  your  answer  to  the 
applicants  would  have  compressed  itself,  into  the  simple 
observation  that  '  until  the  Governor  direct  before  whom 
Oaths  of  Office  shall  be  taken,  they  can  be  taken  before  no 
person.' 

The  application  might  have  been  made  with  the  same 
propriety  to  any  other  inhabitant  of  the  district  as  to  your- 
self. 

I  extract  a  paragraph  from  a  late  communication  of 
Messrs  Hays,148  Byrd,149  Green150  &  Henderson.151 

147  For  fees,  see  Sections  6  and  7  of  the  act  establishing  courts  of 
justice  and  regulating  judicial  proceedings,  passed  July  3,  1807.  Mo. 
Territorial  Laws,  I,  107-109. 

148  Christopher  Hays  was  a  surveyor  from  Pennsylvania  who  came 
to  Upper  Louisiana  with  Morgan.  In  1800  by  special  permission  of  Casa 
Calvo  he  made  a  settlement  eight  miles  north  of  modern  Gordonville. 
In  1805  he  was  appointed  presiding  judge  of  the  court  of  common  pleas 
and  quarter  sessions  for  the  District  of  Cape  Girardeau. 

149  The  Byrd  settlement  was  about  sixteen  miles  northwest  of  Cape 
Girardeau.  Amos  Byrd,  the  founder  of  the  settlement,  was  reared  in  the 
Watauga  Valley,  and  founded  Byrd's  Station  in  the  Holston  River  Valley. 
He  moved  to  the  Cape  Girardeau  District  in  1799.  On  August  20,  1807 
he  was  appointed  judge  of  the  court  of  common  pleas  and  quarter  sessions 
for  the  District  of  Ste.  Genevieve. 

iso  in  1805  Robert  Green  was  appointed  a  judge  of  the  court  of 
common  pleas  and  quarter  sessions  of  the  District  of  Cape  Girardeau. 
He  was  reappointed  on  August  20,  1807. 

i5i  George  Henderson  was  appointed  recorder,  judge  of  probate,  and 
treasurer  of  the  District  of  Cape  Girardeau  on  August  20,  1807. 


186         The  Life  and  Papers  of  Frederick  Bates. 

'It  is  with  pain  we  have  to  observe  that  Mr  Scott  spoke 
of  the  government'  (I  presume  they  mean  of  the  person 
exercising  the  government)  with  the  greatest  contumely 
and  disrespect  in  his  conversations  with  us. '  —  Perhaps 
this  affair  is  susceptible  of  explanation  —  I  hope  it  is,  For 
as  there  are  certain  decorums  which  I  do  not  permit  myself 
to  violate  in  my  correspondence  with  the  subordinate 
officers  of  this  government,  I  confidently  expect  that  the 
observance  of  those  decorums  should  be  mutual  — 


TO  MOSES  AUSTIN 

St.  Louis  Sep  12th  1807 
Sir, 

I  have  delayed  very  long  to  answer  your  letter  of  the  2d 
of  Augt.  —  Neither  do  I  know  at  this  moment  in  what 
manner  it  should  be  answered.  It  is  pretty  generally 
acknowledged  that  you  and  Colo.  Smith  have  been  at  the 
head  of  the  two  great  parties,  which  have  divided  the 
District. 

Your  opponent  has  been  dismissed  from  office  with  as 
much  abruptness  as  the  decorums  of  such  a  measure  would 
justify,  and  it  appears  to  me  correct  and  proper,  that  your 
several  friends  should  be  no  longer  known  as  the  partizans 
of  their  respective  leaders.  — 

With  respect  to  the  disaffection  of  certain  persons  in 
your  quarter  of  the  country,  you  must  be  very  sensible 
that  I  have  no  proofs.  The  conduct  of  Colo.  Smith  has 
been  before  the  grand  Jury;  against  him  there  were 
stronger  presumptions  than  against  others  —  and  yet 
nothing  was  substantiated. 


The  First  Acting-Governorship.  187 

When  a  Public  Agent  proscribes  a  Citizen  and  declares 
him  unworthy  of  public  trust,  the  world  will  expect  to  be 
told  of  what  he  has  been  guilty.  —  I  have  nothing  but  the 
surmises  of  their  enemies  to  offer.  — 

Major  Cook152  has  been  with  me  —  He  recriminates  tho' 
he  knows  nothing  of  your  accusations:  But  permit  me  to 
assure  you  that  I  entertain  the  same  opinions  of  the  purity 
of  your  character  and  conduct  that  I  ever  did. 

With  respect  to  a  Legionary  corps  I  approve  your  idea, 
and  should  certainly  be  gratified  by  sanctioning  such  an 
arrangement  —  but  it  cannot  be  at  this  time  carried  into 
effect.     It  shall  not  be  forgotten. 

Mr  James  Austin153  is  so  fully  possessed  of  my  feelings 
on  these  subjects,  that  he  will  convey  them  to  you  more 
satisfactorily  than  I  have  leisure  to  do.  — 


TO  WILLIAM  CLARK,  LOUISVILLE 

Saint  Louis  Sep  15.  1807. 
Dear  General, 

Your  letters  both  by  Mr  Chouteau  and  by  Mr.   Steel 
have  been  received. 

You  wiite#me  that  the  Packet  of  Laws,  contained  forty 

152  Nathaniel  Cook  came  from  Kentucky  to  Louisiana  in  1797.  In 
1799  he  settled  several  miles  southwest  of  the  Murphy  Settlement  in  the 
Ste.  Genevieve  District.  The  place  has  been  known  locally  ever  since  as 
the  Cook  Settlement.  He  was  a  deputy-surveyor  of  the  District  and 
was  appointed  one  of  the  first  judges  of  the  court  of  common  pleas  and 
quarter  sessions.  He  had  a  distinguished  military  career  in  the  War  of 
1812,  and  became  a  powerful  factor  in  Missouri  politics.  In  1820  he 
was  a  formidable  opponent  of  Benton  for  the  senatorship. 

153  James  Austin  was  a  cousin  of  Moses  Austin  and  served  as  a  sort 
of   general   factotum   for   him   in   his   mining   and   commercial   ventures. 


188         The  Life  and  Papers  of  Frederick  Bates. 

copies.  I  presume  there  must  be  some  mistake  as  no  more 
than  31  arrived. 

They  are  delivered  to  Major  Delaunay  for  distribution. 

I  am  surprized  and  mortified  that  those  exaggerated 
reports  which  you  mention  should  circulate  with  respect  to 
Indian  hostility.  We  hear  them  every  day  in  our  own 
streets,  and  before  they  reach  Louisville  they  are,  no  doubt 
clothed  with  additional  circumstances  of  terror.  I  disbe- 
lieve the  whole  of  them:  And  yet  to  tranquillize  the 
popular  apprehension,  I  have  ordered  Drafts  of  about  one 
third  of  the  Militia  to  be  made  immediately;  to  muster  at 
their  respective  regimental  Parade  grounds,  and  to  be  in 
readiness  to  march  at  a  moments  warning.  This  I  did  to 
silence  the  Clamours  of  those  Ravens,  who  are  perpetually 
croaking  about  the  Tomahawk  and  the  Scalping  Knife. 

On  Boilvin's  return  I  was  convinced  that  whatever  dis- 
contents existed  in  the  Indian  country,  we  should  have  no 
war,  and  the  late  arrival  of  Mr.  Aird  from  Mackinac  has 
confirmed  these  persuasions. 

It  does  appear  even  now  to  P.  Chouteau  that  the  northern 
Indians  are  very  solicitous  to  come  to  a  perfect  under- 
standing with  the  Osages,  that  in  the  event  of  a  war,  and  a 
Defeat  they  may  have  a  place  of  Eefuge. 

I  am  fearful  that  nothing  can  be  done  for  Mr  Steel.154.  He 
has  neither  types,  material  nor  capital.  If  he  had  brought 
even  his  press  to  the  country,  we  would  I  presume  have 
supplied    him   with   every    thing.      But   he   comes    empty 

The  editor  is  indebted  to  Professor  Eugene  C.  Barker  for  the  above 
information.  On  August  26,  1807  James  Austin  was  appointed  justice 
of  the  peace  for  Breton  township. 

154  Probably  John  Steele  who  in  1809  opened  a  "Stock  of  new  goods 
next  door  to  Mad'e  Robidoux's,  with  about  2000  gallons  of  whiskey." 


The  First  Acting-Governorship.  189 

handed;  and  his  enquiries  amount  only  to  this  'Are  you 
desirous  of  establishing"  a  Press,  and  shall  I  be  your 
Agent  V 

Some  dissatisfactions  have  arisen  from  the  late  military 
organization.  Major  Lorimier155  of  Cape  Girardeau  is  very 
much  disliked  by  a  certain  set  of  People,  and  I  am  fearful 
that  their  factions  will  break  up  the  troop  of  Cavalry. 

With  the  advice  of  Maj.  Delaunay  I  shall  advise  Lorimier 
to  resign,  for  whatever  may  be  his  worth  as  a  military 
man,  the  objections  are  insuperable. 


TO  OTHO  SCHRADER 

St.  Louis  16  Sept  1807 
Sir, 

I  have  the  honor  of  acknowledging  the  recpt  of  yr.  letter 
of  the  13  and  take  the  liberty  of  enclosing  a  General 
Dedimus  to  yrself  &  Mr.  Oliver.156  Mr.  PennimanV57  is 
still  in  force. 

The  informations  that  the  judicial  appointments  have 

155  Louis  Lorimier  was  born  on  the  Island  of  Montreal  in  1748.  He 
traded  with  the  Indians  at  Pickawillany  as  early  as  1769.  His  trading 
house  near  the  Miami  River  was  known  as  "Laramie's  Station"  and  "The 
Frenchman's  Store."  He  was  a  violent  Tory  in  the  Revolution  and 
assisted  the  British  in  raiding  into  Kentucky.  His  station  was  broken 
up  by  George  Rogers  Clark  in  1782.  In  1787  he  engaged  in  the  Indian 
trade  in  the  Ste.  Genevieve  District  and  proved  of  great  service  to  the 
Spanish  authorities.  In  1795  he  was  granted  the  lands  where  Cape 
Girardeau  is  now  situated  and  became  commandant  of  the  post.  In  1796 
he  was  instrumental  in  bringing  the  Shawanee  and  Delaware  Indians  to 
the  Cape  Girardeau  District.     He  was  engaged  in  the  Indian  trade  up  to 

the  time  of  his  death  in  1812.     Houck,  History  of  Missouri  II,  169-179. 

156  Thomas  Oliver. 

157  Joshua  Penneman,  Penniman,  or  Pennyman. 


190         The  Life  and  Papers  of  Frederick  Bates. 

been  pleasing  to  the  people,  give  me  a  high  degree  of 
pleasure.  I  have  had  some  vexations  of  late  &  this  serves 
as  a  counterbalance. 

Since  you  have  been  unable  to  select  a  Coroner,  a  com- 
mission will  be  offered  to  Mr  Hawkins,158  tho'  it  is  probable 
he  will  decline. 


TO  WILLIAM  HENRY  HARRISON 

Saint  Louis  Sep  16.  1807 


Sir, 


I  believe  it  my  duty,  when  the  alarm  on  account  of  Indian 
Preparation  for  war  is  so  general,  to  state  to  you  briefly 
my  informations  on  the  subject. 

The  accounts  which  I  have  received  from  time  to  time, 
compel  me  to  believe  that  there  is  a  great  deal  of  dissat- 
isfaction among  them;  but  I  cannot  think,  that  they  have 
profited  so  little  by  former  experience  as  to  commence 
their  depredations,  unless  powerfully  supported  from 
abroad.  —  Mr.  Aird,  a  respectable  Trader  lately  from 
Mackinac  who  passed  thro'  the  country  as  a  British  Mer- 
chant, and  in  that  character  had  opportunities  of  ascer- 
taining, the  views  and  intentions  of  the  Indians  generally, 
assures  me  that  it  is  only  in  the  event  of  a  British  War, 
that  they  will  become  hostile.  — 

In  a  talk,  yesterday  morning  with  several  Sac  chiefs, 
they  expressed  their   surprise   that  it   should  have  been 

158  December  11,  1804  John  Hawkins  was  appointed  a  judge  of  the 
court  of  common  pleas  and  quarter  sessions  for  the  District  of  Ste. 
Genevieve. 


The  First  Acting-Governorship.  191 

thought  necessary  to  reenf orce  the  Camp  on  the  Missouri ; 
and  pretended  to  be  fearful  that  the  United  States,  were 
about  to  commence  a  war  upon  them  in  order  to  get  posses- 
sion of  their  lands.  Altho'  this  was  a  mere  subterfuge, 
yet  I  thought  proper  to  treat  it  as  a  serious  expostulation 
and  assured  them  that  their  great  Father159  would  perform 
all  the  promises  which  you  made  them  in  the  year  1804,160 
as  long  as  they  should  keep  in  mind  the  reciprocal  engage- 
ments entered  into  by  themselves. 

I  have  not  believed,  and  do  not  at  this  moment  believe, 
that  we  have  any  immediate  danger  to  expect:  In  order 
however  to  calm  the  Public  apprehension,  and  really  to  be 
in  readiness  to  put  forth  our  strength,  should  the  occasion 
require  it,  I  have  ordered  Drafts  of  about  one  third  part 
of  the  Militia;  they  will  muster  at  their  respective  regi- 
mental parade  grounds,  and  be  always  prepared  to  march 
to  a  general  rendezvous.  — 

Should  the  present  misunderstanding  with  Great  Britain 
terminate  in  an  open  rupture,  the  influence  of  the  agents 
of  that  government  will  be  exerted.  But  it  appears  to  me 
probable,  that  the  Canadas  and  our  northern  borders  will 
be  the  scene  of  the  savage  part  of  the  contest,  and  that  we 
shall  in  this  quarter  be  less  exposed  to  their  incursions. 

I  hope  and  believe  that  should  it  be  in  your  power,  to 
favor  me  with  any  intimations  which  could  give  a  direction 
to  the  measures  of  this  government,  you  will  have  the  good- 
ness to  do  so.  — 

159  The  President. 

160  in  Article  9  of  the  treaty  made  with  the  Sacs  and  Fox  Indians  in 
1804,  the  government  promised  to  establish  a  factory  or  trading  house 
for  the  tribe.  For  the  treaty,  see  Charles  Kappler,  Indian  Affairs,  Laws 
and  Treaties,  Sen.  Docs.,  58  Cong.,  2  Sess.,  Doc.  319,  II,  74-77. 


192         The  Life  and  Papers  of  Frederick  Bates. 

TO  RICHARD  BATES 

Saint  Louis  Sep  21.  1807 
Dr  Richard, 

I  send  you,  enclosed  a  Bill  on  Mr.  Gallatin  for  250  dols. 
150  to  make  up  the  400  shall  be  hereafter  remitted  —  to  be 
settled  for,  in  five  years,  or  thereafter,  when  convenient. 

Judge  Griffin161  of  whom  I  spoke  to  you  when  at  Belmont, 
is  now  here  and  will  probably  be  in  Richmond  during  the 
winter.  I  recommend  him  to  your  attentions  should  he 
fall  in  your  way. 

We  have  amicably  settled  our  differences  —  honorably 
for  us  both  as  our  mutual  friends  declare.  I  had  on  my 
return  to  the  city  from  Belmont,  written  the  Judge  a  harsh 
letter  to  which  he  replied  that  he  should  certainly  visit 
Saint  Louis,  &c.  with  some  other  promptnesses  of  the  same 
kind.  For  two  days  after  his  arrival  I  made  no  advances 
of  any  kind,  because  his  last  letter,  added  to  menaces  which 
it  was  reported  he  had  thrown  out  at  Vincennes,  had  put 
me  completely  on  the  defensive.  —  On  the  disavowal  of 
these  menaces,  of  which  I  was  indirectly  informed,  I  asked 
a  conference,  during  which  we  both  with  frankness,  brought 
forward  our  respective  accusations,  and  with  the  friendly 
aid  of  our  common  friends  compromised  the  whole  After 
the  affair  was  as  I  thought  adjusted,  and  much  to  my  satis- 
faction, the  Judge  observed  '  There  is  yet  one  serious 
charge,  which  occurred  to  me  last  night,  which  I  have  yet 
to  make.  Mr  B[ates]  in  his  correspondences  with  respect 
to  our  misunderstandings,  has  said  that  my  first  letter  was 
replete  with  impertinences.  Now  I  ask  that  that  expression 
be  recalled.  —  This  I  declined  to  do,  and  the  conference  was 

i6i  Judge  John  Griffin  of  Michigan  Territory. 


The  First  Acting-Governorship.  193 

broken  off  —  I  returned  home  and  prepared  myself  to  meet 
with  fortitude  the  ultima  ratio1*2  of  offended  delicacy;  but 
the  Judge,  the  next  morning  thought  proper  to  forego 
the  demand.  It  is  fortunate  both  for  Judge  G.  and  myself 
that  the  friends  whom  we  had  chosen  possessed  too  much 
sense  and  good  nature  to  suffer  this  affair  to  take  a  misdi- 
rection. 

If  you  should  ever  be  in  similar  circumstances  I  warn 
you  my,  dear  Richard,  to  choose  your  friend  as  you  would 
choose  him  on  other  occasions,  for  his  firmness,  his  modera- 
tion, and  his  attachment  to  you. 


A  BATES  MEMORANDUM 

Reed.  St  Louis,  the  22d  of  Sepr  1807  of  Auguste  Chouteau 
Esquire,  the  claim  of  Joseph  Bougie163  Esq  consisting  of  a 
Plat,  a  Petn.  and  a  Depo. 

Reed  also  a  Plat  of  Survey  in  the  names  of  Michael  Wolf 
for  320  Arpens  —  A  Plat  in  the  name  of  John  B.  Placie164 
for  480  Arpens  —  And  two  Petitions,  the  one  in  the  name  of 
Jas  Baird,165  the  other  in  the  name  of  Jos  Bogy  tils.  Also 
the  deposition  of  Duchemin — 166 

Between  these  Papers,  the  connection  does  not  appear  to 

i<;-  Ultima  ratio  regum,  the  final  argument  of  kings. 

i*3  Joseph  Bogy  represented  Ste.  Genevieve  in  the  territorial  council 
of  1816. 

is*  Jean  Baptiste  Placie.  The  name  also  appears  as  Placy,  Duplacy, 
Du  Placy,  or  Placet.  The  family  came  from  Kaskaskia  and  settled  at 
Ste.  Genevieve. 

les  James  Baird  subsequently  engaged  in  the  Santa  Fe  trade  and 
eventually  became  a  Mexican  citizen.  For  his  later  career,  see  Marshall, 
"St.  Vrain's  Expedition  to  the  Gila  in  1826,"  in  The  Pacific  Ocean  in  His- 
tory (H.  M.  Stephens  and  H.  E.  Bolton,  eds.),  433-435. 

ice  Probably  Francois  Duchemin. 


194         The  Life  and  Papers  of  Frederick  Bates. 

be  complete  —  the  record  will  therefore  be  suspended  for 
a  short  time,  until  the  chain  may  he  made  entire  — 


TO  JAMES  MADISON 

Saint  Louis  Sep  25.  1807. 

SlK, 

If  you  bestowed  a  second  thought  on  an  affair  of  so  little 
moment  you  must  have  been  surprized  at  the  wild,  indeli- 
cate and  unjust  sentiments,  which  on  the  4th  of  July  last, 
were  uttered  at  Mine  A  Burton.  My  friends,  at  a  distance 
from  seeing  a  volunteer  toast  by  a  man  of  my  name  have 
expressed  their  astonishment  that  I  should  have  associated 
with  so  despicable  a  faction.  There  are  several  persons 
of  my  name  at  the  mines,  the  relations  of  Moses  Austin. 
I  was  not  there,  and  know  nothing  of  them;  neither  was  I 
acquainted  with  the  particulars  of  this  celebration  until  I 
saw  them  in  one  of  the  Kentucky  Papers.  — 

The  weak  and  foolish  attack  on  the  President  was  rude 
and  unhandsome ;  and  too  unjust  to  be  a  common  sentiment. 
On  the  contrary,  if  I  am  correctly  informed  a  young  and 
disappointed  Partizan,  Saml.  Hammond  Jr,  gave  the 
impulse  and  the  tone  on  this  occasion.  — 

Smith  &  Austin  have  kept  the  District  of  St  Genevieve 
in  continual  ferment.  —  The  latter  was  removed  from  office 
by  Gov  Wilkinson ;  Colo.  Smith  was  dismissed  last  spring. 
Austin  expected  a  re  appointment,  and  is  now  disgusted, 
because  I  have  disdained  to  tread  the  paths  of  faction.  The 
opinion  pretty  generally  prevailed  that  the  administration 
of  the  territorial  government  must  Sink,  if  not  sustained 
by  a  Party.     It  has  been  my  object  to  explode  this  false 


The  First  Acting-Governorship.  195 

notion,  and  the  attempt  is  now  in  a  course  of  '  successful 
experiment. ' 

The  friends  of  the  late  leading  characters  in  this  country, 
still  keep  alive  the  flame;  and  would  quarrel  with  Heaven 
for  dispensing  its  sunbeams  on  their  enemies:  but  this 
flame  will  expire  as  soon  as  the  fuel  which  feeds  it  is  with- 
drawn. — 

I  have  acted  with  all  the  caution,  moderation  and  firm- 
ness of  which  I  am  capable  and  so  flatter  myself,  that  Mr 
Lewis  will  take  possession  of  his  Government  without  one 
embarrassment  which  can  be  imputed  to  me.  — 

I  revere  the  measures  of  the  administration  &  have  been 
taught  from  my  infancy,  to  reverence  the  distinguished 
individuals  who  compose  it. 

I  have  been  confided  in,  beyond  my  merits  and  will  repay 
that  confidence  by  a  continued  fidelity.  — 


TO  RICHARD  G.  BIBB,  CAPTAIN  OF  A  RIFLE 
COMPANY167 

SlE  St.  Louis  26  Sep  1807. 

I  reed,  yesterday  afternoon  the  communication  of  the 
Managers  of  the  election  of  officers  for  a  volunteer  company 
of  Riflemen,  lately  associated  in  your  quarter  of  the 
country,  and  do  myself  the  pleasure  of  enclosing  the  Com- 
missions. 

As  the  day  may  not  be  distant  when  we  shall  be  obliged 
to  put  forth  our  strength  in  defence  of  the  country,  I  desire 
that  you  will  exert  yourself  to  promote  as  expeditiously 
as  possible,  the  discipline  and  equipment  of  your  men. 

167  A  Ste.  Genevieve  company. 


196         The  Life  and  Papers  of  Frederick  Bates. 

A  LEAD  MINING  CONTRACT 

This  Contract  made  and  entered  into  at  Saint  Louis, 
Territory  of  Louisiana,  the  26th  day  of  Septr  1807  between 
Frederick  Bates,  duly  authorized  by  the  President  of  the 
United  States,  and  acting  as  their  Agent  and  for  their 
benefit,  on  the  one  part;  and  Andrew  Miller168  of  the 
district  of  St  Genevieve  territory  aforesaid  of  the  other 
part  witnesseth  that  the  said  Bates  promises  and  stipulates 
on  his  part,  that  the  said  Miller  shall  be  put  into  possession, 

of  One  hundred Acres  of  Land,  for  the  purpose 

of  raising  Lead-Mineral,  which  said  Land  is  situated  on  a 
small  stream  of  water  about  fifteen  miles  in  an  Eastern 
direction  from  Mine  A  Burton,  and  about  One  and  a  half 
miles  above  Cedar-Branch,  and  that  the  said  Miller  shall 
enjoy  the  quiet  and  peaceable  possession  of  the  premises 
for  and  during  the  term  of  three  years,  from  and  after  the 
day  on  which  President  of  the  United  States  shall  sanction 
this  contract.  And  the  said  Andrew  Miller  on  his  part 
promises  and  binds  himself  to  cause  the  Premises  to  be 
surveyed  at  his  own  expence,  in  an  exact  square,  and  the 
boundaries  thereof  to  be  designated  —  and  to  return  a 
certified  plot  thereof  to  the  said  Bates  without  unnecessary 
delay  —  that  ten  men,  at  the  least  shall  be  constantly 
employed  on  the  Premises  in  the  digging  and  raising  of 
mineral,  when  the  weather  and  the  season  permit,  and  that 
he  will  pay  to  the  said  Bates  or  to  the  Governor  of  Louis- 
iana for  the  time  being,  the  quantity  of  One  tenth  of  all 
the  Mineral  which  he  may  raise  or  cause  to  be  raised  from 
the  said  land;  that  the  said  payments  shall  be  made  quar- 
ts Andrew  Miller  was  a  captain  in  the  Ste.  Genevieve  regiment  in 
1812.     He  was  reappointed  in  1814. 


The  First  Acting-Governorship.  197 

terly,  and  that  in  the  intermediate  times  no  Mineral  raised 
subsequently  to  the  last  payment  shall  under  any  pretext 
whatsoever  be  removed  from  the  said  diggings.  — 

It  is  understood  between  the  contracting  parties  that  all 
payments  shall  be  made  in  well  cleaned  Mineral  — It  is 
also  understood  that  the  said  Miller  shall  have  the  full  use 
of  any  spring  or  springs  of  water  found  or  to  be  found 
in  the  neighbourhood  of  the  Premises,  and  that  within  the 
boundaries  thereof,  he  shall  be  permitted  to  use  and  employ 
such  timber  and  fire  Wood  as  may  be  found  necessary  for 
said  establishment  The  said  Miller  is  also  at  liberty  to 
make  use  of  such  quantities  of  Stone,  or  other  materials 
for  the  building  of  Houses  and  Furnaces  as  he  may  think 
proper. 

A  transcript  of  this  contract  will  be  forwarded  by  the 
said  Bates  to  the  Treasury  Department  with  out  delay, 
for  the  consideration  of  the  President. 

If  the  said  Miller  should  discontinue  the  said  Diggings 
for  the  space  of  four  months;  or  if  he  should  neglect  or 
refuse  to  pay  over  to  the  Government  or  its  Agent  the  One 
tenth  of  his  raisings  as  above  stipulated,  the  U  States  or 
their  Agent  shall  have  a  right  to  re  enter,  and  this  lease 
shall  be  thenceforth  void.  —  In  attestation  whereof  the  said 
Frederick  Bates  and  Andrew  Miller  have  set  their  hands 
and  Seals  to  duplicates  of  these  presents,  at  Saint  Louis 
the  day  and  year  above  mentioned. 

Frederick  Bates 
Sealed  &  delivered  Andrew  Miller 

in  the  presence  of 
Thomas  F.  Riddick169 

169  in   1808   Riddick   succeeded   William   Christy  as   secretary   of  the 
board  of  land  commissioners. 


198         The  Life  and  Papers  of  Frederick  Bates. 

TO  ALBERT  GALLATIN 

St.  Louis  Sep  27.  1807. 
Sir, 

I  have  the  honor  to  enclose  a  copy  of  a  lease,  in  the  nature 
of  a  contract,  which  I  have  made  with  Andrew  Miller,  of 
a  lead  mine  in  the  district  of  Saint  Genevieve. 

You  instructed  me  to  make  short  leases,  yet  I  have  made 
one  for  three  years,  well  knowing  (and  Mr.  Miller  is  also 
aware  of  the  condition)  that  the  President  will  shorten  the 
term,  if  my  reasons  should  have  no  weight  with  him.,  —  A 
contractor  is  at  some  expence  in  building  tents,  erecting 
Furnaces  and  making  other  establishments,  the  advantages 
of  which  it  has  appeared  to  me,  he  ought  to  enjoy  at  least 
for  the  term  limited  in  the  law. 

He  also  brings  his  men  30,  in  the  present  instance  from 
Kentucky,  who  cannot  be  expected  at  first  to  work  to  so 
much  advantage  as  experience  will  enable  them  afterwards 
to  do. 

As  to  the  payments  —  One  tenth  quarterly  —  it  is 
believed  that  private  persons  who  have  mineral  Lands  to 
lease  do  not  impose  more  vigorous  conditions.  I  was 
unwilling  to  lease  100  acres  and  proposed  36  only,  but  Mr. 
Miller  represented  such  a  superficies  as  bearing  no  propor- 
tion to  the  extent  and  expensiveness  of  his  preparations. 


TO  HENRY  DEARBORN 

St.  Louis  Sep  28.  1807 
Sir, 

I  was  honored  by  last  mail  with  your  letter  of  the  17th 
ulto.    You  enquire  whether  it  would  not  be  better  policy 


The  First  Acting-Governorship.  199 

to  make  it  the  interest  of  the  chiefs  of  more  powerful  neigh- 
bors of  the  holders  of  the  Osage  captives  to  compel  the 
delivery,  than  to  purchase  them  of  those  who  have  the 
actual  possession. 

This  is  a  subject,  on  which,  it  is  probable  Gov  Harrison 
and  Genl  Clark  are  better  informed  than  I  am,  and  as  they 
will  probably  write  you  very  speedily,  I  will  suspend  an 
opinion,  which  at  best,  could  be  but  speculative. 

I  beg  leave  to  observe  to  you,  that  Mr  Chouteau  and  Mr 
Boilvin  differ  on  almost  every  subject  which  relates  to 
Indian  intercourse.  The  latter  assures  me  that  the  Osage 
captives  were  all  sent  home  without  ransom,  during  the 
last  three  months:  The  former  insists  that  there  are  9 
or  10  still  in  bondage.  Mr.  C  also  says  that  the  instruc- 
tions to  Genl  Clark,  respecting  a  Blacksmith  were  unnec- 
essary, as  he  has  already  established  one  among  them.  It 
is  certain  that  they  made  complaints  on  this  subject  in 
May  last. 

The  Mill170  I  presume  must  have  been  promised  to  them 
on  the  condition  of  their  devoting  a  greater  portion  of  their 
time  to  agriculture  than  they  have  been  accustomed  of 
late  to  do. 

In  order  to  calm  the  apprehensions  of  the  country,  and 
really  to  be  in  a  state  of  preparation  should  an  attack  be 


170  Apparently  the  government  did  not  fulfill  all  of  its  promises  at 
once,  for  in  the  treaty  made  with  the  Osages  on  November  10,  1808,  the 
United  States  agreed  to  furnish  the  Osage  nation,  "a  blacksmith,  and 
tools  to  mend  their  arms  and  utensils  of  husbandry,  and  engage  to  build 
them  a  horse  mill,  or  water  mill;  also  to  furnish  them  with  ploughs, 
and  to  build  for  the  great  chief  of  the  Great  Osage,  and  for  the  great 
chief  of  the  Little  Osage,  a  strong  block  house  in  each  of  their  towns." 
Kappler,  Indian  Affairs,  Laws  and  Treaties,  II,  95. 


200         The  Life  and  Papers  of  Frederick  Bates. 

made  I  have  lately  ordered  about  one  third  of  the  Militia 
of  Louisiana  to  be  drafted. 

The  People  have  done  themselves  great  honor  on  this 
occasion  by  volunteering  their  services  in  sufficient  numbers 
to  prevent  the  necessity  of  a  draft.  The  St  Charles  Eegt. 
under  the  command  of  Lt  Colo  Kibby,171  deserve  particu- 
larly to  be  mentioned  as  having  displayed  a  promptness  and 
patriotism  much  beyond  what  I  had  expected.  They  will 
never  abandon  the  fertile  soil,  on  which  they  are  so  inde- 
pendent and  happy.  —  The  French  were  at  first  reluctant 
under  an  idea,  that  they  were  to  be  sent  to  the  Camp  on 
the  Missouri  as  regular  soldiers :  but  on  their  being  spoken 
with  by  Colo.  Chouteau,  Capt  Pratte172  and  some  other 
French  Gentlemen  of  influence,  they  manifested  a  praise- 
worthy alacrity  in  obeying  the  order. 

Lorimier,  so  celebrated  as  a  Partizan  during  the  Indian 
Wars  on  the  Ohio,  lately  made  a  journey  to  Detroit.  He 
had  private  business  and  was  employed  by  Gov  Harrison 
to  collect  informations,  and  to  him  he  has  no  doubt 
reported.  On  his  return  to  Cape  Girardeau  he  called  on 
me,  and  with  other  informations  of  less  consequence,  tells 
me,  that  altho'  the  Indians  are  now  peaceable,  they  will  not 

171  Timothy  Kibby  was  a  resident  of  the  St.  Charles  District,  being 
one  of  the  first  American  residents  north  of  the  Missouri  River.  Before 
coming  to  Louisiana  he  served  under  Wayne.  In  1812  he  commanded  a 
company  of  rangers  who  patrolled  the  region  between  the  Salt  and  Mis- 
souri rivers.     He  died  at  St.  Charles  on  January  24,  1813. 

172  Bernard  Pratte  was  born  in  Ste.  Genevieve  about  1772.  In  1793 
he  embarked  in  business  in  St.  Louis.  For  a  time  he  engaged  in  mining 
at  Mine  a  Maneto.  He  was  appointed  a  judge  of  the  St.  Louis  District 
court  of  common  pleas  and  quarter  sessions  in  1807;  opened  a  general 
store  in  St.  Louis  in  1809;  was  one  of  the  incorporators  of  the  Bank 
of  St.  Louis  and  a  prominent  member  of  the  American  Fur  Company. 


The  First  Acting-Governorship.  201 

long  continue  so.  He  saw  among  them  letters  from 
Mc  Key173  the  British  Agent  at  Maiden  U.C.  In  those 
letters  it  was  stated,  that  a  plan  of  operations  was  con- 
certing, and  would  be  communicated  to  them  as  soon  as 
circumstances  would  permit  —  perhaps  in  three  months 
from  the  1st  June  last.  — 


TO  JAMES  MADISON 

Saint  Louis  30  Sept  1807. 
Sir, 

I  have  the  honor  of  enclosing  for  the  information  of  the 
President  the  Laws  passed  by  the  Legislature  of  the  Terri- 
tory for  the  last  six  months.174 

Also,  several  transcripts  of  Executive  Acts.  During  this 
period  the  Militia  has  been  reorganized.  The  old  law  has 
been  repealed ;  —  all  the  commissions  held  under  it  vacated, 
and  new  ones  issued  on  the  nominations  of  Genl.  Clark. 

The  Returns  of  the  Adjutant  General  are  not  yet  com- 
pleted. I  hope  to  have  it  in  my  power  to  transmit  them, 
in  a  short  time. 

173  Probably  Alexander  McKee,  the  son  of  the  famous  British  loyalist 
of  the  same  name.  His  home  was  near  Sandwich,  not  far  from  Maiden 
in  Upper  Canada.     Wisconsin  Historical  Collections,  XIX,  272. 

174  Twenty  acts  were  passed  during  the  previous  six  months;  in  fact, 
the  law  of  the  territory  was  practically  remade.  For  these  acts,  see 
Mo.  Territorial  Laws,  I,  89-180. 


202         The  Life  and  Papers  of  Frederick  Bates. 

A  LIST  OF  LICENSES  GRANTED  TO  TRADE  WITH 

INDIANS    IN    THE    SUPERINTENDENCY    OF 

LOUISIANA,  APRIL  7— SEPTEMBER  30, 

1807175 

Date  To  whom  granted  Remarks 

April  10     Manuel   Lisai76  On  Missouri  with  Indians  in  amity 

with  U.   S. 
12     Chs.  Sanguinet  jr.177  On  Missouri  with  Indians  in  amity 

with  U.   S. 
May     1     Root.  McClelleni78  On  Missouri  with  Indians  in  amity 

2  Years 
With  the  Ottos  and  Panis 
With  Panis-Mahas  on  the  Platte 
With  the  Indns.  of  Panis  Republic 
With  the  Indns.  of  Panis  Republic 
With  Panis  Indians  on  the  Platte 
With  the  Panis  and  Otto  Indians 
With  Ottos,  Mahas  and  Panis 
With  the  Kaas,  Ottos  and  Panis 

175  Original  in  the  Department  of  State,  B.  R.  L.,  3440. 

176  por  biographical  sketch  of  Manuel  Lisa,  see  Hiram  Martin  Chit- 
tenden, History  of  the  Fflif  Trade  of  the  Far  West,  I,  125  et  seq. 

177  The  Sanguinet  family  was  from  Canada.  As  early  as  1778  Charles 
Sanguinet,  Sr.,  owned  property  near  St.  Louis  and  engaged  in  the  fur 
trade. 

178  McClellan  became  the  partner  of  Ramsay  Crooks.  See  Wisconsin 
Historical  Collections,  IV,  96-97. 

179  Probably  Francois  Drucis. 
isoAntoine  Papin. 

181  Francois  Ragotte  was  an  early  resident  of  St.  Charles. 

182  Clamorgan  was  a  well-known  merchant,  fur  trader,  explorer,  and 
land  speculator. 

183  Probably  Joseph  Tabeau. 

184  in  1803  and  1804  a  J.  La  Jeunesse  was  a  fur  trade  engage  in 
Wisconsin. 

185  Joseph  Robidoux,  Sr.,  of  Montreal  came  to  St.  Louis  in  1770  and 
engaged  in  the  fur  trade.  His  grandson,  Joseph  Robidoux,  also  became 
a  fur  trader,  and  was  the  founder  of  St.  Joseph. 


June  25 

Francis  DrouseiU79 

July     8 

A.  Papiniso  &  F.  Rejotteisi 

10 

Jacques  Clamorgani82 

25 

Joseph  Renard 

Aug.     6 

Joseph  Treabeaui83 

14 

Jacques  Le  Jeunessei8* 

24 

Joseph  Robideauxi85 

24 

Francis  Derouen 

The  First  Acting-Governorship.  203 

24  Pierre  Montardyiss  With  the  Kansas 

29  Duplesse  Le  Blanc  With  tKe  Great  and  Little  Osages 

Sept.     1  Jas.  &  Jesse  Morrison^?  with  the  Great  and  Little  Osages 

22  Denis   Julieni88  With  the  Sieux  and  Iowas 

25  John  Valle189  With  the  Great  and  Little  Osages 

26  Peter  Chouteau  jr.iso  With  the  Great  and  Little  Osages 
28  James  Aird  With  Ottos  and  Manas 

28  Anthony  Royi9i  With  the  Great  &  Little  Osages 

29  Joseph  Mariei92  With  the  Sacs  and  Foxes 

These  Licenses,  except  that  of  Robt.  McClellan  were  for 
one  year. 

Hunting  Licenses  Granted  as  Above  —  for  One  Year. 

Date  To  Whom  Remarks 

Aprl  11  Jos.  Lefont193  and  others  On  the  Missouri 

July    6  Primo1^  and  Bessonett  On  the  Chyone 

20  Peter  Barger  On  the  Platte 

26  Joseph  Tibaulti»5  On  the  Platte 

186  Probably  Pedro  Montardy,  a  lieutenant  of  a  St.  Louis  company 
in  the  Spanish  regime. 

187  James  and  Jesse  Morrison  were  from  New  Jersey.  In  1800  they 
settled  at  St.  Charles.  At  one  time  they  operated  the  salt  works  at 
Boon's  Lick.  Jesse  Morrison  finally  settled  in  Illinois.  James  Morrison 
married  the  daughter  of  Saucier,  the  founder  of  Portage  des  Sioux.  They 
engaged  extensively  in  the  fur  trade.  This  James  Morrison  should  not 
be  confused  with  James  Morrison  of  Kaskaskia. 

188  Julien  Dubuque. 

189  Jean  Baptiste  Valle  was  appointed  civil  commandant  of  the  Dis- 
trict of  Ste.  Genevieve  by  Amos  Stoddard. 

190  The  second  son  of  Pierre  Chouteau.  For  many  years  he  was 
engaged  in  the  fur  trade,  eventually  being  one  of  the  principal  owners 
of  the  American  Fur  Company.  In  1849  he  was  one  of  the  original 
Incorporators  of  the  Missouri  Pacific  Railroad. 

i9i  Antoine  Roy  was  an  early  resident  of  the  St.  Louis  District. 

192  An  early  settler  of  St.  Charles. 

193  Probably  Joseph  Lafond. 

194  Paul  and  Pierre  Primo  were  living  in  the  St.  Charles  District  in 
1799. 

195  Probably  Joseph  Thibault. 


204         The  Life  and  Papers  of  Frederick  Bates. 


Aug. 

6 

Captain  &  Baribeaui9« 

On  the  Platte 

13 

Roger  &  Barada1^ 

On  the  Pankas'  River 

25 

Joseph  Dion 

On  the  Osage  River 

31 

B.  &  J.  Vallett 

On  the  'Kansas'  River 

Sept. 

12 

Lebeech  &  Derchette 

On  the  'Kansas'  River 

12 

Louis  Gonoville 

On  the  'Kansas'  River 

17 

Baptiste  Gouveville 

On  the  Osage  River 

17 

Raphael  Langlois 

On  the  Grand  River 

Louisiana 

Saint  Louis  October  1,  1807 
Frederick  Bates 

Actg  Superdt.  Ind.  Affairs 


OATH  ADMINISTERED  TO  AN  INDIAN  TRADER 

I  do  swear  that  I  am  a  citizen  of  the 

United  States,  that  I  will  support  the  constitution  thereof, 
and  that  I  abjure  allegiance  to  any  foreign  Power. 

I  also  swear,  that  the  annexed  Invoice  contains  a  true 
account  of  all  the  goods,  wares,  and  merchandize,  which  I 
take  with  me  for  Indian  trade,  and  that  no  citizen  or  sub- 
ject of  a  foreign  Power  is  either  directly  or  indirectly 
interested  therein. 

A B 

Subscribed  and  sworn  before 

me  the  day  of 1807 

C D 

BOND 

Know  all  men  by  these  presents  that  we are 

held  and  firmly  bound  to  F.  B.  acting  Superintendent  of 

196  Probably  Frangois  Baribault. 

i97  Probably  Antonio  Barada,  dit  Breda. 


The  First  Acting-Governorship.  205 

Indian  Affairs,  for  the  territory  of  Louisiana,  in  the  sum 
of  one  thousand  dollars,  money  of  the  United  States;  to 
the  which  payment  (well  and  truly  to  be  made  to  the  said 
Superintendent,  or  his  successors  in  office)  we  bind  our- 
selves our  heirs,  executors  and  administrators,  jointly  and 
severally,  firmly  by  these  presents.    Sealed  with  our  seals 

and  dated  the  day  of  

The  condition  of  this  obligation  is  such  that  whereas  the 

said  Superintendent  has  granted  to  the  said  

a  Licence  to  trade  with  the and  not  with  others 

and  to  reside  at  their  towns,  and  not  at  their  hunting 

camps.  —  Now  if  the  said shall  comply  with  and 

perform  all  such  regulations,  restrictions  and  duties  as  now 
are,  or  hereafter  shall  be  made  for  the  government  of 
trade  and  intercourse  with  the  Indian  Tribes;  if  he  is  not 
a  Citizen  or  subject  of  a  foreign  power ;  if  he  shall  not  carry 
among  the  said  Indians,  any  uniform  clothing,  other  than 
that  of  the  United  States,  or  Medals,  armbands,  or  orna- 
ments of  dress,  bearing  the  devices  or  emblems  of  a  foreign 
power;  if  the  merchandize  which  he  carries  with  him,  has 
been  imported  or  made  by  Citizens  of  the  United  States; 
if  he  has  given  a  correct  Invoice  of  the  said  merchandize 
to  the  Superintendent;  if  he  shall  not  sell  to,  or  exchange 
spirituous  liquors  with  the  said  Indians  —  And  if  he  shall, 
in  every  respect,  act  conformably  [  ?]  to  the  Licence  granted 
him  this  day,  then  the  above  obligation  to  be  void,  else  to 
remain  in  full  force  and  virtue. 

Sealed  and  delivered  [LS] 

in  presence  of [LS] 


206         The  Life  and  Papers  of  Frederick  Bates. 

LICENSE 

By  Frederick  Bates  acting  Superintendent  of  Indian 
Affairs  for  the  territory  of  Louisiana. 

Whereas of  the  district  of has  made 

application  for  permission  to  trade  with and  has 

given  bond  according  to  law;  for  the  due  observance  of  all 
such  regulations  and  restrictions,  as  now  are  in  force,  or 
shall  hereafter  be  made  for  the  government  of  trade  and 
intercourse  with  the  Indian  Tribes:  Licence  for  one  year 

is  hereby  granted  to  the  said  to  trade  with  the 

said  Indians,  and  not  with  others,  and  to  reside  at  their 
towns  and  not  at  their  hunting  camps,  according  to  the 
Laws  &  regulations  aforesaid.  —  In  attestation  whereof,  I 
have  hereunto  set  my  hand  and  affixed  the  seal  of  the  Ter- 
ritory at  Saint  Louis — &c.  &c. 


TO  HENEY  DEARBORN 

St.  Louis  Sep  30.  1807. 

SlK, 

On  the  12  of  Augt  last  I  had  the  honor  of  informing  you, 
that  I  should  be  obliged  to  incur  an  expence  for  the  cleaning 
and  repairs  of  the  arms  lately  forwarded  for  the  defence 
of  this  Territory.  I  now  take  the  liberty  of  drawing  on 
you,  for  the  sum  of  three  hundred  dolls,  in  order  to  defray 
that  expenditure. 

This  draft  is  at  5  days  sight,  in  favor  of  Messrs  Falconer 
&  Comegys198  or  order,  and  will  also  cover  some  small  dis- 

198  p.  Falconer  and  J.  G.  Comegys  constituted  a  firm  of  St.  Louis  mer- 
chants.   The  partnership  was  dissolved  on  May  7,  1810. 


The  First  Acting-Governorship,  207 

bursements,  which,  in  the  absence  of  Genl.  Clark  I  have 
been  obliged  to  make  to  the  Iowas. 

A  statement  of  the  acct.  with  the  vouchers,  will  be  trans- 
mitted without  unnecessary  delay. 


TO    ABRAHAM    BYRD,199    LIEUTENANT-COLONEL 
COMMANDING  THE  4TH  REGIMENT 

SlR  St.  Louis  Oct  1.  1807. 

Your  letter  of  the  8th  ulto.  in  all  the  aspects  in  which  it 
can  be  viewed,  has  given  me  much  surprize  —  And  indeed 
the  high  respect  I  entertain  for  your  character,  is  my  only 
motive  for  answering  complaints  so  manifestly  without 
foundation. 

The  observation,  that  if  you  deserve  the  command  of 
the  Regt.  you  must  also  be  entitled  to  a  seat  on  the  Bench, 
is  what  I  confess,  I  do  not  understand ;  for  surely  Mr.  Hays 
might  contend,  with  an  equal  shew  of  justice,  that  since  he 
has  been  appointed  a  Judge,  he  ought  also  to  be  at  the 
head  of  the  Militia  of  the  District. 

You  already  possess  as  much  official  weight  as  any  indi- 
vidual in  Cape  Girardeau ;  because  you  deserved  to  possess 
it.  —  The  feelings  of  all  could  not  be  gratified ;  but  it  never 
before  occurred  to  me  that  Colo.  Byrd  could  possibly  be 
among  the  discontented. 

The  number  of  Judges  is  limited :  In  their  appointment 
I  was  influenced  by  various  considerations,  which  I  deem 
it  unnecessary  here  to  repeat. 

199  Abraham  Byrd,  the  son  of  Amos  Byrd,  the  founder  of  the  Byrd 
settlement  about  sixteen  miles  northwest  of  Cape  Girardeau,  came  to 
Upper  Louisiana  in  1799.  He  was  a  captain  in  the  Cape  Girardeau  regi- 
ment in  1812. 


208         The  Life  and  Papers  of  Frederick  Bates. 

It  may  be  sufficient  to  assure  you,  that  no  impressions 
to  your  prejudice  occasioned  your  exclusion. 

I  regret  extremely  that  Major  Hayden  should  have  ten- 
dered you  his  commission :  to  resign  it,  however  is  a  right 
of  which  he  cannot  be  divested,  and  when  he  again  offers 
it,  it  ought  to  be  accepted. 

I  have  never  solicited  the  continuance,  in  office,  of  any 
Gentleman,  and  indeed  consider  it  indelicate  to  do  so. 


TO    RICHARD    JONES    WATERS,'00    LIEUTENANT- 
COLONEL    COMMANDING    THE    NEW 
MADRID    REGIMENT 

Saint  Louis  3d  Oct  1807. 
Sir, 

Your  letter  of  the  23d  ulto.  has  this  moment  reached  me. 
The  want  of  cooperation  on  the  part  of  the  assessors201  has 
probably  prevented  the  collection  of  taxes  in  your  dis- 
trict—  to  obviate  which  had  I  been  in  your  situations  I 
should,  I  think  have  assumed  any  subsequent  day  on  which 
their  concurrence  could  have  been  obtained.  This  has  been 
done  in  the  St  Louis-District,  and  as  I  am  told,  in  several 
of  the  others. 

200  Waters  was  a  physician  who  was  induced  by  Morgan  to  settle  at 
New  Madrid.  He  was  a  merchant  and  Indian  trader,  and  was  active  in 
politics.  In  1802  he  was  captain  of  the  New  Madrid  dragoons  and  in  the 
War  of  1812  was  judge  advocate  in  the  New  Madrid  County  regiment. 

201  A  territorial  act  of  July  8,  1806  provided,  that  "The  justices  of  the 
courts  of  general  quarter  sessions  of  the  peace  in  each  of  the  districts 
in  this  territory  shall  at  the  next  stated  term  of  the  said  court  next 
after  the  first  day  of  December  in  each  and  every  year,  divide  the  said 
districts  into  as  many  divisions  as  they  may  deem  convenient  and  neces- 
sary, and  shall  appoint  two  assessors  for  every  such  division."  Mo.  Ter- 
ritorial Laws,  I,  70. 


The  First  Acting-Governorship.  209 

The  remoteness  of  the  Arkansas  settlements  should  not 
be  a  drag  sail  to  you  —  Go  on  —  without  them  —  such  how- 
ever is  my  advice  —  We  all  know,  at  the  same  time,  that 
I  can  advise  nothing  in  contradiction  to  the  Laws.  They 
are  your  instructions  and  mine  —  and  it  is  your  right  to 
expound  them  in  your  own  way. 

Should  the  necessity  of  the  case  cause  you  to  wander 
too  widely  from  the  letter  of  the  statute  in  these  incipient 
arrangements,  I  will  advise  with  the  Judges  in  what 
manner  the  business  cail  be  legalized. 

Since  the  division  of  the  districts  into  townships,  I  hope 
the  commissions  of  the  Justices  have  been  distributed;  for 
aitho'  the  number  of  taxable  inhabitants  will  make  a  part 
of  the  Return,  yet  it  is  not  an  essential  part  of  it;  and 
serves  no  other  purpose  that  I  can  conceive,  than  to  bring 
the  government  acquainted  with  the  population  of  the 
District. 

I  have  addressed  you  frequently  by  Post,  for  the  want 
of  private  conveyance:  But  the  district  Treasury  will 
surely  reimburse  you  —  as  soon  as  you  can  create  one  — 
The  spirit  of  the  law,  it  appears  to  me  would  even  now 
authorize  it,  whatever  may  be  the  expressions  of  its  letter. 

The  State  of  Ohio  is  under  serious  apprehensions  of  an 
Indian  attack;  but  I  cannot  think  we  are  in  danger,  until 
open  hostilities  with  G.  Britain.  —  At  this  place  altho'  we 
have  numberless  indications  of  the  dissatisfaction  of  some 
of  the  northern  tribes,  we  are  not  now  in  a  state  of 
alarm.  — 

The  late  order  was  issued  for  the  compound  purpose  of 
showing  ourselves  to  the  Indians  in  a  state  of  preparation ; 
to  tranquillize  the  fears  of  the  country;  and  principally 
to  repel  with  promptness  an  inroad  should  it  be  attempted. 


210         The  Life  and  Papers  of  Frederick  Bates. 

I  am  concerned  at  the  marauding  depredations  to  which 
you  are  exposed,  and  give  you  this  assurance,  that  neither 
your  Regiment,  nor  a  detachment  from  it  shall  be  ordered 
to  march  beyond  the  limits  of  the  district,  except  on  the 
most  urgent  necessity.  — 

I  congratulate  you  on  the  patriotism  and  Zeal,  lately 
manifested  by  your  officers ;  and  in  return  for  the  agreeable 
information,  have  the  pleasure  of  assuring  you  that  a  sim- 
ilar spirit  actuates  both  officers  and  men  of  the  upper 
districts. 

The  3d  Regt.  volunteered  their  services  with  a  very  few 
exceptions ;  every  individual  considered  it  a  disgrace  to  be 
left  at  home ;  and  the  officers  had  nothing  more  to  do,  than 
to  select  the  requisite  number  from  each  company. 

I  send  you  copies  of  a  number  of  the  laws,  which  you 
will  oblige  me  by  depositing  in  the  clerk's  office,  that  they 
may  be  consulted  by  the  People.  It  is  greatly  to  be  wished 
that  the  Executive  had  it  in  his  power  to  make  a  more 
early  and  general  promulgation. 

I  have  written  in  haste,  with  scarcely  leisure  to  review. 


TO  THOMAS  C.  SCOTT,  CLERK  OF  THE  COURTS, 
DISTRICT  OF  CAPE  GIRARDEAU 

glR  St.  Louis  Oct  4.  1807. 

Your  letter  left  with  Mr.  Carr202  has  been  delivered  to 
me.  That  letter  is  somewhat  less  than  I  expected  it  would, 
and  ought  to  be,  after  I  had  been  informed  of  the  contemp- 
tuous harshness  of  your  censures. 

202  William  C.  Carr. 


The  First  Acting-Governorship.  211 

What  had  I  done  to  draw  upon  myself  the  imputation  of 
Folly?  If  nothing f  it  is  your  pride,  or  your  obstinacy 
which  withholds  the  acknowledgment. 

I  declare  to  you  that  personal  resentment  has  no  share 
in  the  expressions  of  this  letter.  —  Every  administration 
must  guard  its  own  respectability  —  and  its  officers  must 
be  sensible  that  a  slight,  loose  and  negligent  deportment, 
would  draw  upon  it  the  disesteem  of  the  People. 

For  myself,  I  expect  to  secure  this  object  by  the  justice, 
the  moderation,  and  the  firmness  of  my  conduct,  and  will 
seldom  I  hope  be  compelled  to  resort  to  the  last  disagree- 
able remedy. — 

When  your  enemies  have  attempted  to  thrust  you,  on  the 
discharge  of  duties  not  contemplated  by  the  Law,  and 
equally  foreign  from  my  expectations ;  instead  of  resisting 
these  applications  with  the  calm  promptness  of  an  intelli- 
gent officer,  you  take  refuge  in  a  clamour  against  the 
Executive. 

Those  unfriendly  to  me  were  already  sufficiently  imbit- 
tered,  and  it  was  unhandsome  in  an  officer,  to  whom  I  had 
certainly  given  evidences  of  my  partiality  and  confidence 
to  indulge  himself  in  unnecessary  invective. 

The  shaft  however  has  not  reached  me  —  and  I  am  done 
with  the  foolish  affair  forever  —  and  hope  never  again  to 
hear  it  mentioned.  To  restore  the  original  confidence  will 
rest  with  yourself. 


LEAD  MINING  CONTRACT  WITH  JOSEPH 
PERKINS 

This  Contract  made  and  entered  into  at  Saint  Louis,  Terri- 
tory of  Louisiana,  the  4th  day  of  October  in  the  year  of 


212  The  Life  and  Papers  of  Frederick  Bates. 

our  Lord,  one  thousand,  eight  hundred  and  seven  between 
Frederick  Bates,  Special  Agent  of  the  United  States,  on 
the  one  part,  and  Joseph  Perkins203  of  the  District  of  Saint 
Genevieve  of  the  other  part  witnesseth,  that  the  said  F. 
Bates  promises  and  engages  on  his  part  that  the  said  J 
Perkins  shall  be  put  into  possession  of  Forty  Acres  of 
Land,  for  the  purpose  of  raising  Lead  Mineral,  which  said 
lot  of  ground  is  situated,  adjoining  the  lands  claimed  by 
Moses  Austin  Esquire  at  the  Mine  A  Burton,  and  com- 
monly known  by  the  name  of  'The  Citadel' ;  that  the  said 
Jos  Perkins  shall  enjoy  the  quiet  and  peaceable  possession 
of  the  premises,  for  and  during  the  term  of  three  years 
from  and  after  the  day  on  which  the  President  of  the 
United  States  shall  sanction  this  Contract.  And  the  said 
Joseph  Perkins,  on  his  part  promises  and  binds  himself 
to  cause  the  premises  to  be  surveyed  at  his  own  expence, 
adjoining  the  Lands  of  Moses  Austin;  in  a  convenient 
compact  form,  reserving  the  rights  of  individuals  which 
may  fall  therein;  and  to  return  a  certified  Plat  to  the  said 
Bates,  without  unnecessary  delay :  that  not  less  than  three 
men  shall  be  constantly  employed  on  the  Premises  in  the 
digging  and  raising  of  mineral,  when  the  weather  and  the 
season  permit;  and  that  he  will  pay  to  the  said  Bates  or 
to  the  Governor  of  the  Territory  for  the  time  being  the 
quantity  of  one  tenth  of  all  the  mineral  which  he  may 
raise  or  cause  to  be  raised  from  the  said  land ;  that  the  said 
Mineral  shall  be  paid  quarterly  —  And  that  in  the  inter- 
mediate times  no  mineral  raised  subsequently  to  the  last 
payment,  shall,  under  any  pretext  whatsoever  be  removed 
from  the  said  diggings. 

203  Joseph  Perkins  was  a  member  of  the  first  grand  jury  to  be  sum- 
moned in  St.  Louis. 


The  First  Acting-Governorship.  213 

It  is  understood  between  the  contracting  parties  that  all 
payments  shall  be  made  in  well  cleaned  Mineral.  It  is  also 
understood  that  the  said  Perkins  shall  have  the  free  use 
of  any  springs  of  water,  found  or  to  be  found,  within,  or 
in  the  vicinity  of  the  Premises  —  And  that  he  shall  be 
permitted  for  the  purposes  of  building  or  fuel  to  employ 
or  make  use  of  any  stone,  timber  or  fire  wood,  within  the 
limits  of  his  said  lot  or  in  the  neighbourhood  thereof,  if 
found  on  the  Public  lands. 

If  the  said  Perkins  should  discontinue  the  said  Diggings, 
for  the  space  of  four  months  or  if  he  should  neglect  or 
refuse  to  pay  over  to  the  Government  or  its  Agent  one 
tenth  of  his  raisings  as  above  stipulated;  the  U  States 
or  their  Agent  shall  have  a  right  to  re  enter,  and  this  Lease 
shall  be  thenceforth  void.  The  Conditions  of  this  Lease 
will  be  forthwith  made  known  to  Mr  Gallatin  by  whom 
they  will  be  laid  before  the  President  for  his  consideration. 
In  attestation  whereof  the  said  Frederick  Bates  &  Joseph 
Perkins  have  set  their  hands  to  duplicates  of  these  pres- 
ents at  Saint  Louis  the  fourth  day  of  October,  In  the  year 
above  written. 

Frederick  Bates    LS 
In  presence  of  Joseph  Perkins     LS 

Thomas  F.  Riddick 


LEAD  MINING  CONTRACT  WITH  ALEXANDER 
McNAIR204  AND  HENRY  ELLIOTT 

This  Contract  made  and  entered  into  at  Saint  Louis  the 
Sixth  day  of  October,  one  thousand,  eight  hundred  and 

204  Alexander  McNair  was  a  Pennsylvanian.     The  date  of  his  birth  is 
uncertain,  but  it  occurred  in  1774  or  1775.     He  came  to  Missouri  in  1804 


214         The  Life  and  Papers  of  Frederick  Bates. 

seven,  between  Frederick  Bates  Special  Agent  of  the 
United  States,  on  the  one  part  and  Alexander  Mc  Nair 
and  Henry  Elliott  of  the  other  part  witnesseth,  that  the 
said  Frederick  Bates  promises  and  engages,  in  considera- 
tion of  the  Rents  herein  after  mentioned,  that  the  said  A. 
McNair  &  H.  Elliott  shall  be  put  into  possession  of  a  lot 
of  ground  of  one  hundred  acres  that  is  to  say  fifty  for  sd 
McNair  and  fifty  for  the  said  Elliott  for  the  purpose  of 
raising  lead  mineral ;  which  said  lot  of  ground  is  situated, 
at  Mine  A  Burton,  and  on  or  adjoining  what  has  been 
usually  called  the  'Citadel',  and  bounded  on  the  one  side 
by  the  lease  of  Joseph  Perkins  from  wch.  it  shall  be  sep- 
arted  by  the  branch,  collaterally  with  wch.  the  road  runs 
that  the  said  A  McNair  &  H  Elliott  shall  enjoy  the  quiet 
and  peaceable  possession  of  the  premises,  for  and  during 
the  term  of  three  years,  from  and  after  the  day,  on  which 
the  President  of  the  United  States  may  sanction  this  con- 
tract.—  And  the  said  Alexander  McNair  and  Henry 
Elliott  on  their  part  promise  and  bind  themselves  to  cause 
the  premises  to  be  surveyed  at  their  own  expense,  adjoining 
the  Lease  of  Joseph  Perkins  as  aforesaid  in  a  convenient 
compact  form,  reserving  the  rights  of  individuals  which 
may  fall  therein ;  and  to  return  to  the  said  Frederick  Bates 
without  unnecessary  delay  a  certified  Plat  thereof:  that 
not  less  than  three  men  shall  be  constantly  employed  on 
the  Premises  in  the  digging  and  raising  of  Mineral,  when 
the  weather  and  the  season  permit  —  And  that  they  will 

and  engaged  in  business.  In  1805  he  was  appointed  a  judge  of  the  St. 
Louis  court  of  common  pleas  and  quarter  sessions.  He  subsequently  held 
the  office  of  sheriff  of  the  District  of  St.  Louis  and  of  marshal  of  Missouri 
Territory.  He  was  one  of  the  original  board  of  trustees  of  St.  Louis.  He 
saw  service  in  the  War  of  1812,  was  register  of  the  United  States  land 
office,  a  member  of  the  constitutional  convention  of  1820,  and  first 
governor  of  Missouri.     Messages  and  Proclamations,  I,  3-14. 


The  First  Acting-Governorship.  215 

pay  to  the  said  Frederick  Bates,  or  to  the  person  exer- 
cising the  Government  of  Louisiana  for  the  time  being, 
the  quantity  of  one  tenth  of  all  the  Mineral  which  they  may 
raise  or  cause  to  be  raised  from  the  said  land ;  that  the  said 
Mineral  shall  be  paid  quarterly  and  that  in  the  interme- 
diate times  no  mineral  raised  subsequently  to  the  last  pay- 
ment, shall  under  any  pretext  whatsoever  be  removed  from 
the  said  Diggings.  — 

It  is  understood  between  the  contracting  Parties  that  all 
payments  shall  be  made  in  well  cleaned  mineral.  It  is  also 
understood  that  the  said  A.  McNair  and  H.  Elliott  shall 
have  the  free  use  of  any  springs  of  water,  found,  or  to  be 
found,  within,  or  in  the  vicinity  of  the  Premises  —  and 
that  they  shall  be  permitted  for  the  purposes  of  building 
or  fuel  to  employ  or  make  use  of  any  stone  timber  or  fire 
wood,  within  the  limits  of  their  said  lot  or  in  the  neighbour- 
hood thereof,  if  found  on  the  Public  Lands.  If  the  said 
Alexr  McNair  &  H.  Elliott  should  discontinue  the  said 
Diggings,  for  the  space  of  four  months,  or  if  they  should 
neglect  or  refuse  to  pay  over  to  the  said  Bates  or  to  the 
proper  Agent  of  the  Government  in  this  respect  the  one 
tenth  of  their  raisings  as  above  stipulated,  the  United 
States  or  their  Agent  shall  have  a  right  to  reenter,  and 
this  Lease  shall  be  thenceforth  void 

The  Conditions  of  this  Lease  will  be  forthwith  made 
known  to  Mr.  Gallatin,  by  whom  they  will  be  laid  before 
the  President  for  his  consideration  In  attestation  of  all 
of  which,  the  Parties  to  these  presents  have  herewith  set 
their  hands  and  seals  the  day  and  year  above  mentioned. 

Frederick  Bates        L  S 
In  presence  of  A  McNair  L  S 

Joseph  Perkins  Henry  Elliott  L  S 


216         The  Life  and  Papers  of  Frederick  Bates, 

TO  ALBERT  GALLATIN 

St.  Louis  Oct  6.  1807. 
Sir, 

Your  instructions  on  the  subject  of  conditional  leases 
of  the  Lead  Mines  of  the  U.  S.  will  have  consequences  the 
most  beneficial  and  which  my  circumscribed  view  of  the 
business  did  not  permit  me  to  foresee. 

The  first  contract  was  an  entering  wedge  which  will  rive 
asunder  the  cabals  of  speculation,  and  put  the  government 
in  a  very  short  time  into  the  quarterly  receipt  of  mineral 
to  a  vast  amount. 

There  are  many  applicants  for  leases :  —  but  three  have 
yet  been  made,  and  I  shall  endeavour  to  repress  the  impa- 
tience of  the  People  until  your  orders  arrive  prescribing 
the  terms  and  the  conditions.  — 

I  beg  leave  to  make  one  or  two  suggestions.  If  public 
mineral  is  smelted  by  contract  with  private  persons,  there 
will  be  waste  and  embezzlement.  Besides,  there  are  many 
positive  advantages  in  a  contrary  system. 

Those  private  persons  who  lease  mineral  lands  invari- 
ably stipulate  for  the  exclusive  right  of  smelting,  by  which 
they  gain  a  very  handsome  emolument  in  addition  to  the 
10  Per  Cent  Rents. 

Will  not  the  Public  then,  establish  a  Store  House  and 
Furnaces  for  this  object? 

In  my  contract  with  Miller  I  have  presumed  that  the 
government  would  do  this,  for  the  smelting  and  manufac- 
ture of  its  own  lead,  and  possibly,  at  a  future  day,  for  that 
of  their  tenants. 

Lead  is  worth  $5.00  —  Mineral  $2.00  Per  Cwt.  at  the 
Mines;  and  yet  the  process  is  not  expensive  and  does  not 


The  First  Acting-Governorship.  217 

exclude  from  the  pure  metal  more  than  about  1/3  part 
of  the  gross  weight. — 

I  enclose  a  speculative  statement  which  I  am  enabled  to 
make  from  a  slight  acquaintance  of  my  own,  aided  by  con- 
versations with  intelligent  persons,  particularly  with  Mr. 
Thos.  F.  Riddick,  who  was  formerly  employed  in  the  lead 
business,  and  has  lately  relinquished  the  pursuit.  — 

This  statement  will  show  comprehensively,  the  daily 
operations;  comprising  the  expenditure  as  well  for  the 
purchase  of  mineral,  as  for  every  other  incidental  expence, 
until  its  arrival  at  the  New  Orleans '  market.  — 

It  will  be  observed  that  the  expences  of  the  first  estab- 
lishment are  not  taken  into  this  Estimate. 

The  Furnace  with  all  its  appurtenances  may  probably 
cost  the  sum  of  1000  or  $1200  and  a  substantial  log  store 
house  4  or  $500.  —  The  implements  for  the  raising  of  min- 
eral are  simply  Picks  and  shovels  —  and  labourers  are  for 
the  most  part  hired  for  about  $20  Per  Mo.  These  labourers 
raise  per  day,  at  least  fifty  pounds  of  mineral. 

Colo.  Perry205  some  time  ago  purchased  a  lot  in  the 
village  of  Mine  A  Burton.  By  'bold  stoker y'  as  the  phrase 
is,  in  that  lawless  part  of  the  country,  the  original  improver 
claimed  and  enclosed  ten  acres.  And  Mr.  Perry  at  this 
day,  seeing  that  the  boldest  pretensions  are  generally  most 
successful,  extends  his  boundaries  so  as  to  include  639 
acres,  of  what  are  conjectured  to  be  the  best  mineral  lands 
yet  discovered  in  the  district  of  Saint  Genevieve.  — 

Should  the  terms  which  you  prescribe  be  different  from 

205  Samuel  Perry  was  born  in  Westmoreland  County,  Pennsylvania,  in 
1783.  He  came  to  the  Territory  of  Louisiana  in  1806  and  settled  at 
Mine  a  Burton.  He  represented  Washington  County  in  the  convention 
which  framed  the  state  constitution  and  afterward  served  in  the  Missouri 
house  of  representatives,  and  in  the  state  senate. 


218         The  Life  and  Papers  of  Frederick  Bates. 

those  of  the  contracts  lately  made  by  me,  permit  me  to 
express  the  opinion  that  those  contracts  ought  to  bend  to 
the  general  system. 


TO  ALBERT  GALLATIN 

St  Louis  7th  October  1807 
Sir, 

I  have  the  honor  to  advise  you  that  on  the  1st  of  the 
present  month,  I  drew  a  bill  in  favor  of  Richard  Bates  for 
$250  —  the  salary  of  the  Recorder  of  Land  Titles  from  the 
1st  April  till  30th  Apr.  —  On  the  same  day  I  drew  in  favor 
of  Messrs  Falconer  &  Comegys  for  $69.44  the  salary  of 
the  Recorder  from  10  Feby  till  31  March  last. 

On  the  present  day  I  have  drawn  in  favor  of  Falconer  & 
Comegys  for  $375  my  salary  as  Secretary  of  the  Terri- 
tory of  Louisiana  from  the  7th  April  to  the  6th  inclu- 
sively of  October. 


TO  JAMES  MADISON 

St.  Louis  Oct  10.  1807 
Sm, 

I  have  the  honor  of  informing  you  that  the  Jury  in  the 
General  Court  of  this  Territory  have  returned  a  verdict 
of  'not  guilty'  in  the  case  of  Robert  Wescott206  for  a  mis- 
demeanor. 

It  is  said  the  Indictment  followed  the  words  of  the 
Statute,  without  alledging  a  special  breach  of  it,  such  as 
the  enlistment  of  men  &c 

206  The  name  appears  also  as  Wescot  and  Westcott. 


The  First  Acting-Governorship.  219 

The  Court  refused  to  hear  evidence  to  prove  any  fact 
which  was  not  alledged  —  and  the  Jury  went  out  without 
the  testimony. 


TO  NATHANIEL  COOK 

Saint  Louis  Oct  14.  1807. 
Sib, 

Your  note  of  the  10th,  by  which  you  resign  your  com- 
mission as  a  Justice  of  the  Peace  for  the  township  of  St. 
Michael,  District  of  St.  Genevieve  was  this  morning 
handed  me  by  Mr.  Scott. 

As  an  answer  appears  to  be  expected,  I  have  only  to 
say,  as  I  have  said  to  other  respectable  men,  when  they 
have  withdrawn  themselves  from  the  discharge  of  public 
duties,  that  it  is  your  right  to  do  so  and  my  duty  to  accept 
your  resignation,  thro'  whatever  motives  it  may  have  been 
offered. 


TO  RUDOLPH  TILLIER,  FACTOR  AT  BELLE- 
FONTAINE207 

St.  Louis  ^Oct  14th  1807. 
Sir, 

It  has,  in  my  mind,  become  extremely  necessary  to  supply 
the  Mississippi-Indians  with  American  Goods,  that  they 
may  be  no  longer  dependent  solely  on  the  Canadian 
Traders. 

207  The  Bellefontaine  factory  was  established  in  1805  and  discontinued 
in  1808.  Tillier  continued  as  the  factor  up  to  the  time  of  its  discon- 
tinuance.   American  State  Papers,  Indian  Affairs,  I,  768. 


220         The  Life  and  Papers  of  Frederick  Bates. 

The  object  of  this  application  is,  to  be  informed,  whether 
I  could  be  supplied,  for  that  object  from  the  Factory.  An 
Invoice  of  12  or  $1500  might  be  sufficient. 

Will  you  have  the  goodness  to  inform  me,  as  early  as 
may  be  convenient,  whether  you  could  make  this  supply  of 
merchandize. 


TO  AUGUSTUS  B.  WOODWARD208 

Sir,  St.  Louis  Oct.  20.  1807. 

The  escort  of  the  Mandane-chief,  commanded  by  Lt. 
Pryor,209  returned  with  their  illustrious  charge,  a  few  days 
ago.  Pryor 's  party  has  been  defeated  by  the  Eicaras, 
with  the  loss  of  four  men  killed  and  nine  wounded.  These 
savage  bands  inhabit  the  south  bank  of  the  Missouri  1,400 
miles  above  its  junction  with  the  Mississippi.  Pryor  was 
a  sergeant  in  L's  and  C's  expedition,  and  promoted  for  his 
faithfulness.  An  account  of  this  unfortunate  miscarriage 
will  probably  be  published. 

Between  the  Judge  and  Secretary  there  is  yet  harmony. 
But  some  wise  citizens,  who  pretend  to  judge  of  the  future 
from  the  present,  shrug  their  shoulders  and  f ortell  a  storm. 

I  regret  that  I  gave  you  those  biographical  notices  in 
my  letter  of  18  June.  My  opportunities  of  observing  their 
various  shades  of  character  have  since  been  very  ample. 
With  Judge  Lucas  I  have  been  continually  acquainted  at 
the  Board  of  Commissioners,  and  united  with  Judge 
Shrader  and  occasionally  with  Judge   Coburn,  we  have, 

208  This   letter   is   reprinted  from   the  Michigan   P.   and   H.   Society, 
Collectiotis,  VII,  559-560. 

209  Nathaniel  Pryor  of  the  Lewis  and  Clark  expedition. 


The  First  Acting-Governorship,  221 

during  the  last  six  months,  gone  through  a  regular  course 
of  legislation.  If  these  Statutes  were  complete,  they  at 
least  wanted  the  Drapery. 

I  am  fearful  Coburn  will  not  settle  among  us.  He  can 
not  overcome  the  reluctance  of  his  family. 

The  Resolutions  of  the  Democratic  Republicans  of  your 
town  have  just  reached  us.  Is  there  not  too  great  a  show 
of  political  separation?  I  fear  indeed  that  your  calm  is  a 
deceitful  one,  and  that  the  tumult  merely  subsided,  while 
the  actors  are  changing  the  scenes. 

We  go  next  month  [to]  St.  Genevieve  to  decide  land 
claims,  —  met  in  the  van,  I  followed  in  the  rear  by  the  — , 
not  of  the  People,  but  by  a  powerful  Band  of  Speculators. 
We  have  a  dreary  circuit  of  1,000  miles  at  least  for  next 
Spring  and  Summer,  unless  our  letters  patent  are  revoked 
before  that  time.  In  that  event  I  must  practice  law.  Judge 
Griffin  has  granted  me  license  for  Michigan,  by  Winter  I 
can  gain  admission  in  Louisiana.  With  my  best  wishes 
for  your  health  and  happiness,  accept  assurance  of  sincere 
friendship. 


TO  HENRY  DEARBORN 

St.  Louis  Oct  22d.  1807 
Sib, 

The   exclusion   of   the   British   Traders210   has  left   the 
Indians  of  the  upper  country  destitute  of  those  comforts 

2io  On  March  2,  1799  Congress  passed  an  act  which  provided  that 
Michillimackinac  and  the  region  adjacent,  including  Sault  Ste.  Marie  and 
Grand  Portage,  be  made  into  a  revenue  district  with  Michillimackinac  the 
only  port  of  entry.  The  establishment  of  a  factory  at  Michillimackinac  in 
1806  was  a  second  important  step  in  the  exclusion  of  the  British  traders. 
Ida  Amanda  John,  The  Michigan  Fur  Trade,  102-116. 


222         The  Life  and  Papers  of  Frederick  Bates. 

to  which  they  have  been  accustomed,  and  which  are  indis- 
pensable during  the  winter  season. 

They  want  Blankets,  Strouds,  Tobacco  —  a  moderate 
supply  of  powder  and  Ball  —  and  knives,  together  with 
some  other  articles  of  less  moment,  but  which  among 
Indians  become  necessary  by  habit  —  such  as  Paint  and 
Trinkets. 

I  know  from  the  most  authentic  sources  that  since  the 
prohibition  of  the  Canadian  Trade  in  this  quarter,  it  has 
been  expected  by  the  Indians,  that  we  supply  them  and 
that  if  we  do  not,  their  affections  and  confidence  will  be 
greatly  alienated. 

The  Missouri  Indians  are  supplied  by  individual  adven- 
turors  from  the  U.  States'  territories:  Those  of  the 
Mississippi  have  relied  on  the  Merchants  of  Canada,  and 
are  now  taught  to  say  that  their  American  Father  is  too 
poor  to  supply  them  with  a  Blanket. 

In  the  absence  of  Genl.  Clark,  I  have  determined  to  send 
two  equipments  into  the  Indian  country:  The  one  to 
River  Le  Moin,211  the  others  to  Prairie  du  Chien.  Mr. 
Tillier  consents  to  furnish  the  Merchandise  from  the 
Factory;  and  has  offered  his  assistant  Mr.  Sibley212  to 
superintend  one  of  the  establishments. 

Mr.  Boilvin  the  Sub  Agent  will  have  the  charge  of  the 

211  Des  Moines  River. 

212  George  Champlain  Sibley,  son  of  Dr.  John  Sibley,  was  born  in 
1782  at  Great  Barrington,  Massachusetts,  but  was  reared  in  North  Caro- 
lina. He  was  appointed  to  the  Indian  service  by  Jefferson.  For  many 
years  he  was  factor  at  Fort  Osage.  In  1825  he  was  appointed  as  one  of 
three  commissioners  to  survey  a  road  to  Santa  Fe.  He  was  the  bene- 
factor of  Lindenwood  College  and  became  famous  as  an  antislavery 
worker.  He  died  on  January  31,  1863.  The  Missouri  Historical  Society 
possesses  a  large  collection  of  Sibley  papers. 


The  First  Acting-Governorship.  223 

other.    The  Returns  in  Furs  &  Peltry  will  be  made  to  the 
Factory. 

I  hope  that  the  necessity  of  the  case  will  be  my  justifi- 
cation for  thus  adopting  a  measure  beyond  the  ordinary 
limits  of  my  powers. 

For  River  Le  Moin $1037.  .24 

For  Prairie  du  Chien 1207.  .31 

First  Cost....  2244.  .55 

Advance  50  pet 1122.  .27y2 

$3366.  .82V2 
Lead  &  Tobacco  .  abt 130.  .00 

3496.  .82% 


THOMAS  HUNT  TO  BATES 

Belle  Fontain  Octr  23d:  1807 
Sir, 

I  had  the  honor  of  receiving  your  Letter  of  the  22d 
Inst.  Mrs.  Hunt  thanks  you  for  your  Politeness.  In  your 
Expeditions  up  the  Rivers  I  presume  have  been  confidenced 
by  you  and  those  that  know  better  about  these  things  than 
I  do,  and  as  it  is  not  my  Province  to  have  any  thing  to  do 
with  the  Indians  its  out  of  my  Power,  to  say  any  thing 
about  the  Propriety  of  the  Expeditions  that  those  will 
judge  and  advise  that  are  more  acquainted.  It  appears  to 
me  that  the  want  of  Traders  makes  them  uneasy,  and  that 
such  a  Branch  may  be  of  good  service,  untill  the  Genl. 
Gov [ernment]  gives  their  orders  upon  the  Buisness,  I  will 
give  you  every  aid  in  my  power.  Provisions  you  can  cer- 
tainly have  upon  your  Return    As  to  the  Soldiers,  I  have 


224         The  Life  and  Papers  of  Frederick  Bates. 

the  last  Mail  wrote  the  Secretary  of  War  that  I  had  con- 
trary to  Orders  detached  a  Number  of  Men  on  a  Command 
up  the  Misurie  without  orders  and  at  my  own  Bisque,  that 
I  had  never  reed  an  answer  weither  it  meet  with  his  appro- 
bation or  not,  and  that  I  expected  that  there  would  be 
similar  applications  and  that  as  I  had  not  reed  any  inter- 
mation  of  approbation  or  disapprobation  that  I  did  not 
think  myself  at  Liberty  upon  Military  Principles  to  detatch 
any  one  of  my  Commands  without  orders  from  the  Presi- 
dent of  the  United  States,  or  Secretary  of  War  which  is 
the  same  thing.  It  is  with  reluctance  that  I  am  obliged  to 
say  that  I  cannot  consent  to  spare  a  Man  from  this  Can- 
toonment  to  go  on  any  Expeditions  of  the  kind,  and  I  believe 
my  Principles  as  a  Military  Man  in  trust  to  be  right.  — 
I  send  you  three  Barrells  of  Flower,  and  any  other  article 
that  you  may  want  in  the  Provision  way. 


JAMES  HOUSE213  TO  FREDERICK  BATES 

[October,  1807] 214 
Sir, 

Enclosed  I  send  you  a  letter  from  Mr.  Sibley  —  I  have 
delay  'd  communecating  to  you  that  part  of  its  contence, 
touching  his  dispute  with  Mr  Tillier  from  a  hope  that  it 
would  have  been  in  my  power  to  wait  on  you  personally, 
as  it  appears,  from  some  of  his  expressions,  that  his  diffi- 
dence would  not  allow  him  to  make  the  application  for  your 

213  a  captain  in  the  United  States  Army. 

214  The  letter  was  undated,  but  the  reference  to  the  Tillier-Sibley 
quarrel  in  Bates  to  Dearborn,  October  30,  1807,  would  place  it  in  that 
month. 


The  First  Acting-Governorship.  225 

aid,  direct,  to  your  self  —  As  my  present  engagements,  do 
not  admit  of  my  visiting  St  Louis  this  week,  and  as  one 
post  has  already  been  missed  without  replying  to  his 
letter,  I  hope  I  shall  be  excused  for  taking  this  mode  of 
communicating  his  request  —  I  am  confident  that  you  will 
not  withhold  from  Mr.  S.  any  aid  which  you  can  consist- 
ently with  propriety  afford  him  —  without  detracting,  in 
the  least  from  the  respect  which  is  justly  due,  which  I  have 
ever  felt  for  the  age  and  character  of  Mr.  T.  it  would  be 
but  justice  to  say,  and  I  am  confident  will  be  admitted  by 
all  who  know  him,  that  he  is  extremely  subject  to  gusts  of 
passions  and  splenetic  humours  which  renders  it  morally 
impossible  for  any  young  man  to  be  connected  with  him 
as  Mr.  S.  was  without  having  his  feelings,  frequently  mor- 
tified and  I  believe,  that  there  are  few  young  men  that 
would  have  conducted  themselves  with  more  discretion, 
on  similar  occasions  than  Mr  Sibley  has  done  —  I  well 
recollect  at  the  time  Mr.  T.  was  laboring  under  those 
unpleasant  feelings  which  occasioned  Mr.  S's  dismissal, 
that  the  latter  apprized  me  of  the  storm  that  was  brew- 
ing —  and  expressed  his  determination,  to  keep  aloof  and 
if  possible  to  avoid  its  effects  —  and  I  have  reason  to 
believe  he  pursued  this  prudencial  plan  as  far  as  it  was 
possible,  consistently  with  his  duty  —  It  is  not  my  wish  or 
intention,  by  these  remarks  to  injure  Mr.  Tillier,  who,  I 
will  repeat  is  a  Gentleman  whom  I  venerate  and  respect, 
as  one  that  possesses  a  more  than  usual  share  of  excellent 
qualities  of  heart  and  urbanity  of  disposition  —  but  I 
cannot  withhold  my  opinion,  however  little  weight  it  may 
have,  that  there  is  no  young  man  that  can  be  found,  that 
will  fill  the  situation,  late  Mr.  Siblies,  with  more  propriety, 
&  with  more  interest  to  the  factory  than  he  has  done  — 


226      The    Life    and    Papers    of   Frederick    Bates. 

TO  HENRY  DEARBOEN 

SlR^  St.  Louis  October  30.  1807. 

The  project  of  temporary  trading  houses  at  Prairie  du 
Chien  &  River  Le  Moin  has  been  abandoned.  —  I  was  dis- 
appointed by  Colo.  Hunt's  refusal  to  detach  half  a  dozen 
soldiers  for  the  expedition  —  And  General  Clark's  letters 
just  received,  have  provided  other  employment  for  Mr. 
Boilvin,  without  whose  superintending  watchfulness,  I 
feared  on  my  own  assumed  responsibility  to  hazzard  the 
merchandize  of  the  Factory. 

Besides  at  the  date  of  my  last  letter,  I  did  not  truly 
understand  the  relations  in  which  Messrs  Tillier  &  Sibley 
stood  to  each  other.  — 

My  opinions  are  not  changed  with  respect  to  the  expe- 
diency of  the  equipments.  Such  an  intercourse  with  the 
Mississippi  Indians,  would  have  been  of  singular  service 
in  counteracting  the  schemes,  and  exploding  the  wiley 
artifices  of  the  Canadian  Traders,  at  the  same  time  that 
the  returns  in  Furr  &  Peltry  would  indemnify  the  Govern- 
ment. —  Indian  Trade  in  this  quarter  begins  to  assume  a 
new  aspect  — 

Formerly  there  was  a  two  fold  competition  —  1st 
Between  individuals  of  whatever  National  Interests  and 
2dly  a  combination  of  Canadian  adventurers  for  the  sup- 
pression of  American  Trade.  —  Their  Goods  were  profusely 
wasted,  in  endeavouring  to  undersell  each  other.  —  To 
retrieve  those  losses  and  to  pursue  the  business  with  better 
prospects  of  success,  the  Merchants  of  Montreal,  as  you 
have  long  since  heard  from  Mackinac  have  united  their 
capitals  and  their  counsels,215  that  they  may  accomplish 

215  For  the  history  of  the  rival  companies,  see  Gordon  Charles  David- 
son, The  North  West  Company,  University  of  California,  Publications  in 


The  First  Acting-Governorship.  227 

by  a  steady  perseverance  in  preconcerted  systems,  what 
they  failed  to  effect  by  individual  exertion. 

I  beg  leave  to  enquire  whether  it  would  not  be  proper, 
that  the  Executive  here,  should  be  permitted  to  call  on  the 
officer  commanding  the  cantonment  for  occasional  military 
aid.  There  are  emergencies  when  such  aid  is  essential 
to  a  prompt  discharge  of  duty. 


TO  JAMES  MADISON 

SlR  St.  Louis  Oct  30.  1807. 

In  discharge  of  the  duty  in  joined  in  the  3d  section  of  the 
'Act  further  providing  for  the  government  of  the  district 
of  Louisiana'  I  have  the  honor  of  enclosing,  for  the  infor- 
mation of  the  President,  copies  of  three  Laws216  passed 
since  the  30th  Sept  last. 

They  will  form  a  part  of  the  next  half  yearly  report 
of  the  Secretary.  — 


TO  WILLIAM  REED217  AND  SAMUEL  HAMMOND,  JR. 

Gentlemen,  St-  Louis  Nov  3d-  1807' 

I  have  had  the  honor  to  receive  your  letter  of  the  7th  of 
last  month  enclosing  your  'Proceedings  and  address  to  the 


President. 


>21! 


History,  VII;    George   Bryce,   The  Remarkable  History  of  the  Hudson's 
Bay  Company. 

216  An  act  concerning  insolvent  debtors  passed  October  16,  1807;  an 
act  concerning  mortgages  passed  October  20,  1807;  an  amendment  to  the 
act  establishing  courts  of  justice  and  regulating  judicial  procedure, 
passed  October  20,  1807.     Mo.  Territorial  Laws,  I,  181-184. 

217  William  Reed  was  the  first  American  settler  in  Bellevue  Valley 
near  Mine  a  Burton.     He  arrived  there  in  1798. 

218  por  an  explanation  of  this,  see  Bates  to  Lewis,  November  7,  1807. 


228         The  Life  and  Papers  of  Frederick  Bates. 

I  am  willing  to  be  the  organ  of  your  communication, 
provided  the  second  number  of  the  2d  Eesolution  be  sup- 
pressed 'And  that  he  will  not  tarnish  &c.'  This  language 
appears  to  me  somewhat  imposing.  —  It  may  not  be  in 
your  power  to  change  it,  or  you  may  not  be  disposed  to 
do  so. 

I  reenclose  the  Papers  but  beg  you  to  be  assured  that  I 
will,  if  you  please,  transmit  them  without  delay,  as  soon  as 
the  exceptionable  passage  is  stricken  out.  — 


TO  MERIWETHER  LEWIS 

St.  Louis  Nov  7.  1807 
Sir, 

I  have  so  frequently  troubled  the  Secy  of  War  with 
letters  on  Indian  affairs  that  he  probably  begins  to  con- 
sider my  informations  as  intrusive  —  Or  perhaps,  amidst 
the  great  concerns  of  the  nation,  which  for  some  time  past 
have  been  crowding  on  his  attention,  he  has  had  no  leisure 
to  reflect  on,  much  less  to  answer,  the  causeless  perplexi- 
ties of  Your  Secretary. 

You  will  scarcely  then  forgive  me,  for  addressing  you 
on  the  exhausted  subject. 

By  the  Treaty  with  the  united  tribes  of  Sac  &  Fox 
Indians  of  3d  Nov  1804,  you  recollect  it  was  stipulated, 
that  a  trading  house  should  be  established  at  such  place 
as  would  enable  those  tribes  to  be  supplied  with  Goods, 
at  a  more  reasonable  rate  than  they  have  been  accustomed 
to  procure  them.219  It  is  obvious  that  the  cantonment  on 
the  Missouri,220  is  not  such  place. 

219  Article  9  of  the  treaty  provided  that  the  United  States  would,  at 


The  First  Acting-Governorship.  229 

The  President  in  his  talk  to  these  tribes,  early  in  last 
year,  appears  to  contemplate  the  establishment  at  some 
convenient  time  of  a  store,  higher  up  the  river.221  They 
carefully  preserve  this  excellent  writing;  they  show  it  in 
their  councils,  and  alledge  that  that  convenient  time  has 
already  elapsed.  It  is  to  no  purpose  that  I  entreat  them 
to  have  patience  and  confidence  —  And  my  arguments  are 
equally  ineffectual  when  I  urge  to  them,  that  the  Great 
Spirit  in  his  natural  operations ;  in  the  production  of  corn, 
Tobacco  and  kidney-beans,  waits  for  times  and  seasons  — 
and  as  these  vegitables  are  neither  food  nor  luxury  for 
man,  until  matured  by  a  succession  of  rain  and  sunshine  — 
So  their  Great  American  Father,  partaking  in  many  of  the 
divine  attributes,  will  deliberate  on  the  fitness  of  things 
before  he  acts  upon  them.  — 

During  the  prevalence  of  the  late  alarms,  we  endeav- 
oured by  every  effort  in  our  power  to  detach  the  Indians 
of  the  Mississippi  from  their  Canadian  connections.  By 
promising  them  that  [their]  own  traders,  or  a  branch  of 
the  U.  States'  Factory  should  be  established  among  them, 
we  at  length  succeeded,  and  these  tribes  confiding  in  prom- 
ises which  we  have  not  been  able  to  perform,  refused  to 
purchase  of  foreigners  and  are  now  totally  destitute  of 
Blankets  and  other  coarse  woollens  for  the  coming  winter  — 

a  convenient  time,  establish  a  trading  house  or  factory.    Kappler,  Indian 
Affairs,  Laws  and  Treaties,  II,  74-77. 

220  Fort  Bellefontaine,  about  four  miles  above  the  mouth  of  the 
Missouri. 

221  in  fulfillment  of  the  treaty  of  1804  the  construction  of  Fort  Madi- 
son was  started  in  the  autumn  of  1808.  The  fort  was  on  the  site  of  the 
modern  city  of  Ft.  Madison,  Iowa.  See  Amercian  State  Papers,  Indian 
Affairs,  I,  768;  Iowa  Journal  of  History  and  Politics,  XII,  170-178;  Annals 
of  Iowa  (3d  Series),  III,  97-110. 


230         The  Life  and  Papers  of  Frederick  Bates. 

as  well  as  of  powder  and  Lead  for  the  supply  of  their  daily 
food. 

My  equipments  up  the  river  having  failed  a  band  of  the 
Sacs  with  their  women  and  children,  amounting  in  the 
whole  to  upwards  of  forty  persons,  came  down  to  the 
factory  for  the  purposes  of  trade.  Mr.  Tillier  has  very 
properly  I  think  declined  making  them  an  advance.  The 
Indians  ought  never  to  be  indebted  to  the  Factory  —  My 
interference  was  solicited  —  and  it  was  with  difficulty  I 
could  make  them  understand  the  impropriety  of  my  influ- 
encing the  traffic  of  Mr.  Tillier. 

They  represented  their  necessitous  and  destitute  situa- 
tion in  terms  the  most  moving  and  indignant  —  and  at  the 
same  time  that  they  expressed  a  fixed  resolution,  most 
faithfully  to  fulfil  all  their  engagements  to  our  govern- 
ment, reproached  us  with  having  forgotten  that  we  had 
also  obligations  to  discharge. 

I  have  succeeded  in  convincing  them  of  the  emptiness 
of  many  of  their  complaints,  and  have  given  them  the  most 
emphatic  assurances,  that  their  Great  Father  has  promised 
them  nothing,  which  he  will  not  most  strictly  perform. 

For  their  use  I  have  thought  myself  obliged  to  draw  on 
the  Factory  for  50  lb  of  Powder  —  200  lb  Lead  —  a  Fusil, 
four  blanket  coats  for  their  Helmsmen  ascending  the 
river  —  and  30  lb  of  Tobacco. 

Will  you  not  procure  me  a  sanction  for  this  expendi- 
ture? Mesrs.  Kimbol  &  Pry  or,222  since  their  return  from 
the  Missouri,  say  the  Spaniards,  several  hundred,  at  least, 
are  building  Forts,  among  the  Indians  of  the  Panis 
Republic,  on  the  waters  of  the  river  Platte.  The  Panis 
gave     these     Gentlemen,     very     regular     and    consistent 

222  Nathaniel  Pryor. 


The  First  Acting-Governorship.  231 

accounts.  When  I  last  wrote  you,  by  last  mail,  it  was  my 
expectation,  that  this  statement  would  have  been  circum- 
stantially made  by  Colo.  Hunt,  to  whom  the  reports  were 
officially  made.  I  have  since,  had  some  reason  to  think  that 
the  affair  has  been  too  loosely  communicated. 

What  their  business  in  that  part  of  the  country  can  be, 
I  am  at  a  loss  to  conceive.  It  can  not  be  for  the  protection 
of  Spanish  trade,  for,  they  have  none  in  that  quarter.  Is 
it  for  the  creation  of  a  Spanish  political  interest  among 
the  Indians?  Or  for  the  acquirement  of  Territory?  I 
cannot  answer  you  —  You  have  the  fact,  as  I  have  it,  on 
the  assurances  of  Kimbol  &  Pryor.  They  expect  reinforce- 
ments too.  The  Indians  say  they  came  into  their  country 
with  the  order,  discipline  and  uniform  of  regular  troops. 

The  Inhabitants  of  Mine  A  Breton,  are  about  to  petition 
for  the  establishment  of  a  Garrison  in  their  settlement. 
They  have  addressed  the  President  and  entered  into  cer- 
tain resolutions  on  the  subject  of  our  foreign  relations. 
These  papers  were  transmitted  to  me  by  their  Committee, 
Reed  &  Hammond  Jr  to  be  communicated  to  the  President. 
I  declined  becoming  their  organ,  on  account  of  one  excep- 
tionable expression  —  The  address  appeared  to  me  decent, 
and  the  language  of  the  resolutions  was  not  imposing, 
except  in  one  instance.  These  things  are  mentioned  to 
prevent  a  misrepresentation  of  my  conduct  in  refusing  to 
transmit  their  Papers. 

I  have  this  day  acted  under  the  promptings  of  Justice  — 
I  have  granted  to  Eobert  Dickson,223  a  subject  of  Great 

223  Soon  after  the  American  Revolution  Robert  Dickson  and  two 
brothers  emigrated  from  Scotland  to  Canada.  Robert  engaged  in  the 
fur  trade  and  was  operating  in  northern  Michigan  as  early  as  1793.  For 
over  twenty  years  he  was  an  important  personage  in  the  upper  Lakes  and 


232         The  Life  and  Papers  of  Frederick  Bates. 

Britain  a  licence  to  trade  in  the  Missouri.  He  is  a  man  of 
honor,  and  has  on  various  occasions  rendered  us  very  essen- 
tial services  in  the  infancy  of  our  establishments,  both  at 
Michilimackinac  and  on  the  Mississippi.  The  business 
appears  to  me  to  be  left  at  my  discretion.  When  I  wrote 
General  Dearborn  on  the  subject,  he  informed  me  that  he 
should  confer  with  you. 

I  have  heard  no  more  This  is  the  first  departure  from 
the  principle,  on  which  I  commenced  and  will  probably 
be  the  last. 

Mr  Dickson  is  known  to  Mr  Pike,  now  in  the  city.  —  He 
did  not  ask  for  a  Licence.  He  told  his  story  however  in 
a  gentlemanly  manner  but  with  some  feeling  —  adding  '  I 
have  made  sacrifices  for  the  American  government  —  it 
was  my  wish  to  have  gone  into  the  Missouri  with  which 
trade  I  am  better  acquainted  than  with  any  other;  but  as 
you  grant  no  licences  to  persons  owing  a  foreign  allegi- 
ance, I  cannot  expect  a  passport. '  I  immediately  replied  — 
'Our  Govt  will  not  treat  you  with  ingratitude,  you  shall 
have  a  Licence.' 

I  rely  greatly  on  Mr  Dickson  —  by  him  we  shall  be  cor- 
rectly informed  of  whatever  passes  among  the  Sieux  of 
River  Des  Moines221  &  the  lowas  — 225 

upper  Mississippi  and  Missouri  River  fur  trade.  His  principal  post  for 
several  years  was  at  Red  Cedar  Lake,  but  he  had  others  in  charge  of 
agents.  He  was  a  loyal  British  subject  and  before  and  during  the  War 
of  1812  worked  incessantly  to  turn  the  Indians  against  the  United  States. 
See  Ernest  A.  Cruikshank,  "Robert  Dickson,  the  Indian  Trader,"  in 
Wisconsin  Historical  Collections,  XII,  133-153;  Thwaites,  Wisconsin,  168- 
177. 

224  The  Yankton  Sioux  roved  as  far  south  as  the  River  Des  Moines. 
Lewis  to  Jefferson,  April  7,  1805,  American  State  Papers,  Indian  Affairs, 
I,  712. 

225  The  "Ayouwais"  (lowas)  in  1804  were  forty  leagues  up  the  Des 
Moines  River  on  the  southeast  side.    Ibid.,  I,  710. 


The  First  Acting-Governorship.  233 

He  will  do  whatever  we  may  reasonably  desire  him,  and 
return  to  St  Louis  with  intelligence  when  necessary.  He 
has  been  our  friend  uniformly  and  his  deportment  and 
professions  when  this  singular  indulgence  was  conced[ed] 
him,  convince  me  that  he  will  cooperate  most  heartily  in 
all  our  Indian  measures.  — 

In  Augt  last  I  wrote  to  the  Secy  of  State  on  the  subject 
of  printing  our  Terrl.  Laws.226 

As  I  have  not  yet  been  permitted  to  draw  on  the 
Treasury  of  the  U.  S.  our  laws  are  but  partially  circulated 
in  manuscript. 

Cannot  those  lately  reported  be  printed  in  Washington? 


TO  HENRY  DEARBORN 

St.  Louis  Nov  14.  1807. 
Sir, 

Adjutant  General  Delaunay  with  all  his  industry,  has  not 
yet  been  able  to  furnish  complete  returns  of  the  Militia. 
The  new  organization  is  so  radical  and  entire,  that  it 
required  not  only  diligence,  but  some  time  to  perfect  it. 

Some  of  the  offices  are  not  yet  filled,  owing  to  the  diffi- 
culty of  selecting  suitable  persons. 

The  enclosed  return  which  I  have  the  honor  to  trans- 
mit,227 will  however  exhibit  a  correct  view  of  our  strength 
for  altho  several  Companies  of  Volunteers  have  lately 
associated,  they  are  not  at  this  time  in  commission  but  are 
mustered  in  their  respective  Militia  Companies. 

226  Frederick   Bates  compiled  the  territorial  laws.     The  volume  was 
published  in  1808,  being  the  first  book  printed  in  St.  Louis. 

227  The  return  is  missing. 


234         The  Life  and  Papers  of  Frederick  Bates. 

TO  JOSHUA  HUMPHREYS228 

gIR^  St.  Louis  Nov  17.  1807 

Mr.  Eobert  Gowie  Watson229  has  written  to  me  on  the 
subject  of  a  Licence,  to  trade  with  Indians  in  yr.  quarter 
of  the  country.  I  take  the  liberty  of  enclosing  to  you  all 
the  necessary  Papers,  and  desire  you  will  do  me  the  favor 
to  attend  to  the  proper  execution  of  them  by  Mr  Watson. 

Be  yourself,  if  you  please,  the  Judge  of  the  Security  — 
The  oaths  will  be  properly  administered  by  you>  in  your 
capacity  of  Justice  of  the  Peace. 

The  Papers  may  remain  in  your  hands  until  I  come  down 
in  the  Spring. 

TO  WILLIAM  C.  CARR 
Dear  Cake,  St.  Louis  Nov  17.  1807.- 

The  return  of  an  Express  from  New  Madrid  enables  me 
to  thank  you  for  your  letter  of  the  12th.  It  was  handed 
me  yesterday  morning  by  Doct  Tuttle.230 

Regret  you  should  have  had  any  trouble  in  procuring 
a  room  for  our  Land  business  and  particularly  that  you 
should  have  failed  at  Madame  Geronard's. 

Altho'  Mr.  H  is  said  to  have  abandoned  his  establish- 
ment at  Mine  Arnault,  it  is  well,  I  think  that  the  sheriff 
should  have  the  order  for  his  removal  The  country  will 
be  thereby  apprized  of  the  measures,  which  in  similar 
circumstances  will  be  again  pursued.  —  That  frantic  man, 

228  Clerk   of  the   first   court   of  common   pleas   and   quarter   sessions 
for  the  District  of  New  Madrid. 

229  For  many  years  a  leading  merchant  of  New  Madrid. 

230  Probably  Nicholas  Tuttle. 


The  First  Acting-Governorship.  235 

may  take  what  notice  he  please  of  the  affair.  His  clamours 
shall  be  treated  as  an  affair,  in  which  I  have  no  sort  of 
concern. 

My  respects  to  our  friend  Hempstead.  I  was  at  No  62 
a  few  evenings  ago,  by  mistake,  or  rather  by  accident. 
Miss  CI  was  in  the  country —  all  well  but  gloomy,  at 
least  I  thought  so.  —  Strange  world !  Am  told  they  now 
say,  that  Ned  never  did  make  any  engagements  in  their 
Family.    This  is  getting  out,  easier  than  he  expected.  — 

Wrote  you  by  Riddick —  and  expressed  my  regrets  at 
being  unable  to  tender  you,  personally  my  congratulations 
on  your  joyous  ' embarkation. ' 

Bon  Voyage  my  Friend  —  From  my  soul,  I  wish  you 
pleasant  breezes,  unclouded  skies  and  an  abundant  return 
for  those  rich  commodities  which  you  and  your  lovely  Mate 
have  shipped  in  this  adventure.  May  Faith,  Love  and 
Constancy  still  be  your  Motto,  and,  as  somebody  says  whose 
name  I  have  forgotten 

May  you  enjoy,  not  only,  in  this  voyage  but  thro9  life 
a  swelling  sail  of  Prosperity  and  happiness  —  Adieu  — 
with  much  sincerity  of  Heart.     .     .     . 

[P.S.]  The  Gov  may  soon  be  expected  so  say  the  Letters 
of  Maj  Bruff.231 


TO  HENRY  DEARBORN 

glR  St.  Louis  Nov  26.  1807 

General  Clark,  by  letter  dated  Louisville  Oct  15  has 
desired  me  to  settle  sundry  accts.  in  the  Ind :  Dept.  and  to 
draw  on  him  for  the  amt.    As  his  friend,  I  was  desirous 

23i  James  Bruff. 


236         The  Life  and  Papers  of  Frederick  Bates. 

of  adjusting  those  demands  in  the  mode  pointed  out  by 
him.  But  bills  on  Louisville  are  not  negociable  at  St.  Louis. 
I  have  therefore  found  myself  compelled  to  draw  on  you  at 
five  days  sight  in  favor  of  Messrs  Falconer  &  Comegys 
for  the  sum  of  two  hundred  dollars. 

This  sum  is  inadequate  to  the  object  It  will  not  even 
pay  the  fourth  of  Ewing's  demand.  —  I  have  declined  to 
draw  for  a  greater  sum  until  I  hear  from  General  Clark. 


TO  LOUIS  LORIMIER,  CAPE  GIRARDEAU 
SlR^  St.  Louis  Dec  12.  1807 

I  was  honored  a  few  days  since  while  at  St.  Genevieve 
with  your  letter  of  20  ulto. 

It  is  to  me  as  well  as  to  yourself  a  subject  of  disappoint- 
ment and  regret  that  the  party  divisions  of  your  squadron 
should  have  rendered  your  command  unpleasant.  You 
accepted  the  employment  for  the  promotion  of  the  public 
interest,  and  you  resign  it  in  order  to  compromise  those 
unhappy  dissensions  which  have  arisen  from  the  malevo- 
lence of  your  enemies.  — 

I  highly  appreciate  these  honorable  motives  and  enter- 
tain no  doubt  that  your  parental  anticipations  with  respect 
to  your  worthy  sons  will  be  in  all  respects  accomplished. 


TO  DENNIS  FITZHUGH232 
Sib,  St  Louis  Dec  16.  1807. 

General  Clark  has  desired  me  to  draw  on  him  at  Louis- 
ville to  meet  the  demands  against  the  Indian  Department, 

232  Judge  Dennis  Fitzhugh,  the  third  husband  of  Prances  Clark,  the 
youngest  sister  of  George  Rogers  and  William  Clark. 


The  First  Acting-Governorship.  237 

and  informs  me  that  they  will  be  paid  in  his  absence  by 
yourself.    I  drew  on  the  7th  in  favor  of  Shannon  for 

$300. .  — 

On  the  12  in  favor  of  Gibson  for 200. .  — 

On  the  14  in  favor  of  Lorimier  for  303.  .  — 


$803. .  — 

Before  the  final  adjustment  of  several  of  the  Accts.  I 
have  been  obliged  to  make  advances  —  particularly  to  the 
wounded  men  of  Pryor 's  Escort233  and  to  Ewing234  who 
owed  money  in  St.  Louis  wch.  he  was  compelled  to  dis- 
charge. The  vouchers  shall  be  transmitted  to  the  General 
with  all  convenient  despatch. 


TO  RICHARD  BATES 
glR^  St.  Louis  17th  Dec  1807. 

Your  letter  of  the  18th  Sept.  was  answered  from  St. 
Genevieve  the  beginning  of  this  month. 

I  have  now  a  moment  of  leisure  to  speak  of  this  country 
in  fulfilment  of  those  promises  which  I  long  ago  made 
you.  This  account  must  necessarily  be  partial  and  limited ; 
for  it  cannot  be  expected  that  after  a  short  residence  of 
nine  months,  in  a  territory  so  widely  extended  as  this,  I 
should  be  acquainted,  except  from  report,  with  settle- 
ments at  the  distance  of  several  hundred  [miles]  from  the 
seat  of  government. 

233  in  1807  Nathaniel  Pryor  was  commissioned  to  escort  to  his  home 
the  Mandan  chief  Shahaka.  Pryor  with  his  detachment  fought  a  fierce 
battle  with  the  Arikara.  It  was  in  this  fight  that  George  Shannon  was 
wounded.     Patrick  Gass,  Journal  (Hosmer,  ed.),  XXVII-XXVIII. 

234  William  Ewing. 


238         The  Life  and  Papers  of  Frederick  Bates. 

The  districts  of  St.  Louis,  St.  Charles  and  St.  Genevieve, 
are  those  of  which  I  can  speak  with  confidence,  arising 
from  personal  knowledge.  —  And  as  the  representations 
which  I  shall  make  you  from  time  to  time  may  possibly  fix 
your  wavering  resolutions  with  respect  to  a  residence 
among  us,  I  will  not  indulge  in  speculative  theories;  but 
exhibit  to  you  as  faithfully  as  I  can,  a  true  picture  of  my 
adopted  country. 

When  you  are  told  that  the  lands  are  at  least  as  fertile 
as  any  to  be  found  in  the  United  States,  you  will  not  infer 
that  they  are  all  equally  so.  We  have  large  tracts  of 
country  which  will  remain  for  many  years  uninhabited 
by  the  Planter.  But  as  a  counter-balance  for  the  poverty 
of  the  surface  Nature  has  made  abundant  amends  by  storing 
its  bowels  with  Minerals  and  Salines.  — 

Such  for  the  most  part  is  the  district  of  St.  Genevieve; 
tho'  it  must  be  confessed  that  there  are  several  agreeable 
settlements  of  American  Emigrants,235  who  have  chosen 
to  establish  themselves  in  this  quarter  of  the  country,  for 
the  purpose  of  uniting  mineral  with  agricultural  pursuits. 
Those  of  them,  who  emigrated  prior  to  the  acquisition, 
are,  with  few  exceptions  industrious,  intrigueing,  turbulent 
and  avaricious.  Mean  and  fawning  when  it  suits  their 
purposes,  and  insolent  Bravos  when  they  drop  the  mask, 
on  a  disappointment  of  their  hopes. 

Many  of  these  People  fled  from  the  justice  of  the  U.  S. 
and  found  an  Asylum  in  the  gloomy  recesses  of  Louisiana. 
During  the  despotism  of  the  Dons,  these  Fugitives  had 
nothing  to  say.    Too  happy  in  having  escaped  the  avenging 

235  por  an  excellent  study  of  the  population  of  Upper  Louisiana,  see 
Jonas  Viles,  "Population  and  Extent  of  Settlement  in  Missouri  before 
1804,"  in  Missouri  Historical  Review,  V,  188-213. 


The  First  Acting-Governorship.  239 

arm  of  Eepublican  justice,  they  contented  themselves  with 
repairing  in  silence  their  broken  fortunes,  and  practising 
those  frauds  on  each  other  which  in  their  native  places, 
had  made  them  unfit  for  the  society  of  honest  men. 

The  light  of  truth  now  pursues  them  in  their  retreats; 
they  are  compelled  to  act  a  part;  —  and  their  ungovern- 
able turbulence  united  with  the  insolent  apathy  of  the 
Creoles,  forms  a  ridiculous  compound  resembling  the  image 
we  read  of  in  the  holy  Book  every  part  of  which  was  com- 
posed of  different  materials. 

Between  these  People  and  those  of  St  Louis,  there  is  a 
striking  contrast,  arising  from  the  original  difference  in 
the  occupations  of  the  first  settlers.  This  latter  place  was 
first  purely  commercial,  and  the  proud,  aristocratic  spirit 
still  reigns,  notwithstanding  that  leaven  of  democracy,  the 
operations  of  which  are  slow,  but  which  may  be  expected 
to  bring  about  great  changes,  and  perhaps  in  a  few  years, 
reduce  the  whole  to  one  homogenious  mass. 

The  superior  genius  of  the  Americans  now  every  day 
arriving,  will  put  a  new  face  upon  things,  and  business 
of  every  kind,  heretofore  stationary,  stagnant  or  monopo- 
lized by  a  few  will  be  distributed  thro'  Society,  pass  into 
the  hands  of  the  many,  where  it  will  acquire  life,  activity 
and  progression. 

The  neighborhood  of  St  Louis  is  not  thickly  inhabited, 
owing  undoubtedly  to  the  scarcity  of  wood,  &  by  no  means 
to  the  poorness  of  the  soil:  for  altho'  its  strength  may 
have  been  in  some  degree  exhausted  by  negligent  culti- 
vation many  years  ago,  it  is  now  well  suited  to  the  produc- 
tion of  small  grain  We  are  surrounded  by  Praires  of 
many  miles  in  extent,  which  produce  no  timber  of  sufficient 
size  for  Rails,  and  which  must  consequently  remain  uncul- 


240         The  Life  and  Papers  of  Frederick  Bates. 

tivated  until  hedges  and  ditches  are  adapted  as  substitutes 
for  fences  of  the  ordinary  kind. 

The  settlements  back  from  the  River,  particularly  Bon 
Homme236  and  St.  Ferdinand237  sometimes  called  Fleuris- 
sant  are  very  flourishing  as  the  familiar  name  of  the  latter 
imports.  The  People  are  well  disposed  industrious  and 
hospitable.  The  day  cannot  be  distant  when  they  will  be 
independent  &  happy. 

St.  Charles  possesses  at  this  day  an  agricultural  wealth 
greater  than  any  other  of  the  Districts  Its  Inhabitants 
are  principally  honest  Yankees  whose  ' steady  habits'  sim- 
plicity of  manners  and  persevering  industry  in  the  accumu- 
lation of  property,  have  left  them  no  time  for  the  indulg- 
ence of  those  vindictive  passions  which  have  destroyed  the 
happiness  of  the  other  Settlements  Or  is  it,  that  Heaven 
chuses  to  reward  the  Farmer  with  peace  and  abundance, 
while  it  throws  out  a  cursed  drag-sail  to  the  enjoyments  of 
all  other  descriptions  of  men! 

From  whatever  cause  these  fortunate  exemptions  arise, 
it  is  certain,  that  when  all  other  parts  of  the  Territory 
have  been  involved  in  party  dissension,  the  peaceful  culti- 
vators of  the  soil  on  the  Missouri,  have  not  suffered  the 
Demon  of  Discord  to  approach  their  Borders.  — 

The  fertility  and  productiveness  of  their  fields  are  almost 
inconceivable :  The  Earth  is  light  and  cultivated  with  little 
labour,  —  and  it  is  not  difficult  to  foresee  that  their  village 
will  very  soon  be  the  scite  [sic]  of  large  stores,  and  ample 

236  "About  eight  miles  above  this  [St.  Charles],  the  village  and  settle- 
ment of  Bon  Homme  opens  to  view."    Thomas  Ashe,  Travels,  III,  101. 

237  The  village  was  variously  known  as  St.  Ferdinand  or  San  Fer- 
nando de  Florissant.  In  1804  it  contained  sixty  houses  and  was,  next  to 
St.  Louis,  the  largest  settlement  in  the  district.  For  a  description  of  it 
in  1798,  see  Houck,  Spanish  Regime,  II,  250. 


The  First  Acting-Governorship.  241 

granaries  for  the  deposit  of  Wheat,  Flour,  Pork,  Tobacco 
and  every  kind  of  country  produce  which  will  bear  trans- 
portation to  N.  Orleans  &  the  W.  Indies. 

Of  the  country  generally  I  intended  to  have  given  some 
geographical  Sketches :  but  to  be  candid  with  you,  I  am  not 
yet  sufficiently  acquainted  with  it.  We  have  no  general 
Survey  and  such  informations  can  only  be  gathered  by 
travelling  over  it. — 

A  few  of  the  Spanish  and  French  Inhabitants  who 
enjoyed  the  patronage  of  the  late  government  are  wealthy. 
But  the  great  body  of  that  unhappy  People  whose  situation 
has  always  been  degraded  and  slavish  is  daily  sinking  into 
insignificance  and  ruin.  Some  of  them  are  employed  by 
the  Merchants  as  Boatmen  or  Traders  in  the  Indian 
country.  This  service  sinks  them,  every  year  more  deeply 
in  debt,  until  they  are  compelled  by  their  unfeeling  credit- 
ors to  perform  every  servile  drudgery  with  which  humanity 
can  be  loaded.  But  it  is  a  life  to  which  they  are  accus- 
tomed, and  they  are  seldom  known  to  complain. 

There  is  beside,  an  intermediate  grade  who  had  rather 
starve  in  town  than  live  in  the  country.  They  satisfy 
themselves  with  the  externals  of  parade,  unconscious  of 
the  approaches  of  Poverty,  until  that  hideous  Fiend  with 
the  appearance  and  brutality  of  a  constable,  finds  an 
entrance  at  the  back  door  &  drives  them  into  the  streets.  — 

Our  Balls  are  gay,  spirited  and  social.  The  French 
Ladies  dance  with  inimitable  grace  but  rather  too  much  in 
the  style  of  actresses.  Were  it  not  for  a  theatrical  licence 
which  they  assume  in  their  gestures,  they  would  be  alto- 
gether lovely.  In  the  opinion  of  many  they  are  more 
charming  on  this  account,  yet  I  must  deplore  the  singu- 
larity of  my  taste  when  I  confess,  that  to  me,  they  would 


242         The  Life  and  Papers  of  Frederick  Bates. 

be  more  interesting  with  a  greater  show  of  modesty  and 
correctness  of  manners. 

Notwithstanding  the  propensity  to  ostentation  in  some 
of  the  old  Inhabitants,  I  do  by  no  means  think  that  they 
are  prodigal  or  profuse.  On  the  contrary,  they  are  rigid 
economists  —  and  some  of  them  even  narrow  minded  and 
niggardly. 

Civil,  polite  and  courteous,  they  perform  inviolably  all 
the  decorums  of  intercourse;  yet  when  they  are  making  to 
you  all  their  professions  of  attachment  and  service,  they 
have  their  mental  reservations,  and  as  no  veil  is  deep  or 
large  enough  to  hide  itself,  we  are  generally  aware  of, 
and  guarded  against  the  artifice.238 

Do  not  imagine  that  I  speak  with  prejudice  of  these 
People.  Believe  me,  I  do  not.  I  esteem  them  my  friends, 
and  have  never  had  either  personal  or  political  differences 
with  any  of  them.  It  is  our  own  refractory  countrymen 
with  whom  all  my  unpleasant  contests  have  arisen.  —  But 
I  must  say  that  Justice  and  liberty  are  words  which  they 
do  not  understand.  You  who  have  been  bred  up  in  Repub- 
lican Habits  will  be  surprized  at  this.  Yet  it  is  a  mournful 
fact,  that  they  do  not  comprehend  the  import  of  the  words. 

The  very  name  of  liberty  deranges  their  intellects,  and 
it  appears  absolutely  impossible  for  them  to  form  accurate 
conceptions  of  the  rights  which  Justice  creates  on  the  one 
hand,  and  the  obligations  which  it  imposes  on  the  other. 

The  summary  decree  of  a  military  officer  however  tyran- 
nical or  absurd  is  much  better  suited  to  their  ideas  of  the 

238  Compare  with  Amos  Stoddard,  Sketches  of  Louisiana,  310 ;  Chris- 
tian Schultz,  Jr.,  An  Inland  Voyage,  41;  H.  M.  Brackenridge,  Views  of 
Louisiana,  237;  Pierre  Chouteau,  Domestic  Life  in  Old  St.  Louis,  Missouri 
Historical  Society  Manuscript. 


The  First  Acting-Governorship.  243 

fitness  of  things,  than  the  dilatory  trial  by  jury  and  'the 
glorious  uncertainty  of  the  Common  Law.' 

If  their  Commandant  spurned  them  from  his  presence; 
deprived  them  of  half  their  Estate  or  ordered  them  to  the 
black  Hole,239  they  received  the  doom  as  the  dispensation 
of  Heaven,  and  met  their  fate  with  all  that  resignation 
with  which  they  are  accustomed  to  submit  indifferently  to 
sickness  and  health,  to  rain  and  sunshine. 

In  fact,  they  knew  that  they  had  no  rights  and  that  they 
were  absolutely  dependent,  in  all  things,  on  the  will  and 
pleasure  of  the  Governor. 

Since  the  American  Government  commenced  its  opera- 
tions, a  gleam  of  light,  like  the  first  blush  of  the  morning 
has  dawned  on  their  bewildered  imaginations.  They  were 
before  in  the  impenetrable  glooms  of  ignorance;  but  now, 
like  the  blindman  cured  by  our  Saviour  they  'See  men  as 
trees  walking. '  — 240 

The  French  People  for  the  most  part  live  in  villages  and 
cultivate  a  Common  Field.  They  cannot  bear  the  idea  of 
separation.  To  live  in  the  country  without  a  neighbour 
in  less  than  half  a  mile  is  worse  than  death,  and  almost  as 
bad  as  Purgatory.  Surrounded  with  wretchedness  they 
dance  and  sing ;  and  if  they  have  their  relations  and  friends 
within  the  sound  of  their  violin,  they  have  nothing  more  to 
ask  of  the  Virgin;  Provided  her  vicegerent  the  Priest,  will 
design  to  forgive  those  sins  which  perhaps  they  never  com- 
mitted. — 241 

239  A  reference  to  the  Black  Hole  of  Calcutta,  the  dungeon  in  which 
one  hundred  and  twenty-three  Englishmen,  held  prisoner  by  Siraj-ud- 
daula,  suffocated  on  a  night  in  June,  1756. 

240  Reference  to  St.  Mark,  VIII,  24. 

24i  The  great  majority  of  the  American  settlers  and  most  of  the 
officials  were  Protestants.     They  had  little  understanding  of  or  sympathy 


244         The  Life  and  Papers  of  Frederick  Bates. 

These  holy  men,  these  organs  of  the  divine  will,  who 
impudently  thrust  themselves  between  God  and  his  crea- 
tures, are  liberal  gentlemanly,  and  sometimes  even  libertine 
in  their  conversation  and  manners. — 

You  may  see  them  gamble  at  vingt  un,  or  Loo,  from  Sat- 
urday night  till  Sunday  mattins  But  were  your  Secretaries 
of  the  reformed  church  to  see  them  in  these  abominations, 
they  would  imagine  that  not  even  the  horns  of  the  altar 
could  shield  them  from  the  thunderbolt. 

I  send  you  the  Copy  of  a  statement  which  I  some  time 
ago  made  to  Mr  Gallatin  of  the  daily  operations  of  a 
Furnace  for  the  smelting  of  Lead.  By  it,  you  will  see  the 
vast  profits  arising  from  the  prosecution  of  this  lucrative 
business.  By  order  of  the  President  I  am  now  leasing  the 
Public  Mines  to  private  persons.  They  pay  to  Government 
only  1/10  of  the  clean  mineral,  before  it  is  smelted  as  that 
is  the  process  from  which  the  Principal  emoluments  arise. 
The  only  inconvenience  attending  this  employment,  and 
that  by  the  bye  a  pretty  serious  one,  is  the  poisonous 
effluvia  of  the  Furnace.  The  smelters  die  notwithstanding 
their  precautions. 

The  Country  also  abounds  with  salt  springs  and  caves 
of  Salt  Petre ;  but  none  of  them  are  yet  wrought  to  advan- 
tage. Indeed,  until  the  complete  adjustment  of  land  titles, 
the  dormant  resources  of  the  Country  cannot  be  awakened. 
Expensive  establishments  will  never  be  made,  until  the 
claimant  be  ascertained  whether  the  Lands  belong  to  the 
U.  S.  or  to  himself. 

with  Catholicism.  Fortunately  the  officials  did  not  allow  this  to  preju- 
dice their  acts  and  no  attempt  was  made  to  interfere  with  the  religion 
of  the  haUtans.  Stoddard  exhibited  an  attitude  similar  to  that  of  Bates. 
See  the  chapter  "Learning  and  Religion"  in  his  Sketches  of  Louisiana, 
307-317. 


The  First  Acting-Governorship.  245 

I  send  you  also  a  statement  of  the  population  &c.  of  that 
tract  of  country  which  now  forms  the  upper  territory.  It 
is  copied  from  the  official  Papers  of  1799  and  falls  very 
far  short  of  the  truth  at  this  day.  We  reckon  our  popu- 
lation 15,000  at  least. 

Both  St.  Genevieve  &  St.  Charles  are  said  then  to  have 
had  more  Inhabitants  than  St.  Louis.  The  two  former 
are  still  respectable  for  their  riches  and  numbers;  but  are 
by  no  means  so  populous  as  the  last. 

The  Banks  of  the  Mississippi  are  wasting  and  insecure. 
During  high  freshets,  many  acres  are  ingulphed  in  an 
instant  with  a  tremendous  noise  like  the  distant  discharge 
of  artillery.  St.  Genevieve  has  retired  at  its  approaches 
and  is  now  one  and  a  half  miles  from  the  River. 

St.  Louis  alone,  is  'The  Rock  on  which  the  storm  shall 
beat,  in  vain'  and  will  be  the  capital  of  a  flourishing  State 
when  you  and  I  are  no  more. 

The  Climate  of  this  Country  resembles  that  of 
Virg[ini]a.  Slight  differences  are  observable,  tho'  the 
latitude  is  nearly  the  same.  They  arise  from  our  inland 
situation  and  many  other  local  causes.  I  have  before  men- 
tioned to  you,  the  vast  quantities  of  excellent  grapes  with 
which  our  woods  abound.  We  have  other  fruits  in  great 
variety  and  perfection.  Some  marshy  parts  of  our  terri- 
tory are  said  to  be  unhealthful ;  Yet  I  do  presume  that  there 
is  no  place  in  the  western  country  the  air  and  water  of 
which  are  more  salubrious  than  those  of  St.  Louis. 

You  will  of  course  wish  to  be  informed  with  respect  to 
our  local  government.  In  order  to  make  up  your  mind 
as  to  residence  You  have  read  the  Statutes  organic;  the 
Acts  regulating  Indian  Intercourse,  and  those  in  relation 
to  Lands.     From  these  you  will  discover  that  territorial 


246         The  Life  and  Papers  of  Frederick  Bates. 

Governments  are  executive  and  arbitrary  emanations  from 
the  general  Government  at  Washington.  The  People  have 
no  share  in  legislation.  The  Governor  and  the  Judges 
make  the  Laws,  as  they  adopt  them  in  the  territories  east 
of  the  Mississippi.  The  Judges  expound  and  the  Governor 
executes.  This  you  will  say  is  a  violent  concentration  of 
powers,  and  very  unlike  the  free  institutions  of  your  own 
country.  It  is  true,  tho',  all  things  considered,  I  do  not 
know  that  the  wit  of  man  could  devise  an  order  of  affairs 
better  suited  to  chasten  the  irregular  habits  of  those  adven- 
turous People  who  are  commonly  found  on  a  frontier. 

The  codes  of  Governors  Harrison  &  Wilkinson  were 
hastily  digested  and  during  the  last  summer,  I  cooperated 
with  the  Judges  in  giving  them  a  thorough  revision;  and 
in  forming  a  system  which  has  almost  entirely  super- 
ceded] the  old  one. 

The  subordinate  courts  of  justice  were  reformed  and 
placed  on  a  more  respectable  footing ;  the  tenure  of  judicial 
office  extended  to  'Good  behavior  for  four  years,'  and 
their  jurisdiction  so  enlarged  as  to  embrace  a  much  wider 
field  than  heretofore. 

These  Judges  are  appointed  by  the  Governor  and  are 
not  less  than  three  nor  more  than  five  in  each  district. 
They  hold  three  courts  annually  in  their  respective  limits. 

Subordinate  to  these  are  township  Justices  of  the  Peace, 
who  decide  causes  at  their  own  chambers  to  the  amount  of 
$60  —  An  appeal  lies  to  the  District  —  and  from  thence  to 
the  General  Court  which  holds  its  session,  once  in  St.  Louis, 
and  once  in  St.  Genevieve  in  each  year. 

The  tenure  of  all  offices  civil  and  military  except  that  of 
the  District  Judges  and  Clerk  of  the  General  Court,  is 
during  pleasure.  —  An  Atto.  licensed  to  practise  elsewhere 


The  First  Acting-Governorship.  247 

is  admitted  to  our  Bar  on  a  slight  examination  &  perhaps 
without  one.  — 

You  must  be  weary  my  dear  Richard  with  this  tiresome 
letter.  It  is  indeed  written  hastily  —  trifles  are  dwelt 
upon,  and  facts  of  some  import  neglected.  I  will  reserve 
them  however  for  future  occasions  and  for  moments  of 
greater  retirement  and  leisure.  —  Governor  Lewis  is  not 
yet  arrived.  My  affectionate  respects  to  our  beloved 
mother  and  sisters.  — 


TO  WILLIAM  CLARK 

St  Louis  Dec  1807. 
Deab  General., 

Your  letter  of  25th  Nov  reached  me  at  St  Genevieve  ten 
days  ago.  The  communication  of  Capt.  Dunham242  was  so 
defaced  that  it  was  with  difficulty  I  could  read  it.  From  it 
however  I  gathered  the  dispositions  of  the  British  Traders 
to  preserve  and  extend,  by  the  most  impudent  pretensions, 
that  influence  which  they  already  possess  among  the 
Northern  Indians.  Boilvin  will  winter  at  Le  Moin.  He 
has  taken  with  him  a  small  assortment  of  Indian  goods 
furnished  by  Mr.  Tillier  from  the  Factory.  He  has  influ- 
ence and  zeal  and  his  residence  among  the  Sacs  &  Foxes 
will  have  good  effects.  Chouteau  suspects  him,  tho'  I 
should  not  deem  his  suspicions  conclusive  evidence  of  bad 
faith.  —  Dorion243    returned    with    the    defeated     Escort. 

242  Probably  Josiah  Dunham. 

243  Pierre  Dorion  the  elder  was  an  early  resident  of  St.  Louis.  He 
spent  much  of  his  time  among  the  Yankton  Sioux.  The  younger  Dorion 
was  the  son  of  a  Sioux  woman.     Both  were  utilized  as  interpreters  by 


248         The  Life  and  Papers  of  Frederick  Bates. 

Pryor  was  greatly  dissatisfied  with  him.  Was  it  not 
intended  that  he  should  have  remained  among  the  Sieux? 
He  applied  to  me  for  instructions  which  I  declined  to  give, 
and  enquired  of  him  whether  he  had  not  received  your 
orders. 

It  will  not  be  in  my  power  to  negotiate  bills  on  Louis- 
ville to  the  amount  of  those  demanded  which  will  probably 
be  made  on  your  Agency  during  the  present  winter.  The 
Kentuckians  who  trade  here,  return  in  the  Fall,  and  at  this 
season,  there  is  very  little  commercial  intercourse.  I  have 
drawn  for  $803  on  you  and  for  the  sum  of  $200  on  General 
Dearborn. 

I  shall  certainly  be  compelled  to  draw  again,  on  the  Secre- 
tary of  War.  You  cannot,  I  think  be  opposed  to  this 
unavoidable  departure  from  your  place.  The  settlements 
will  be  made  in  your  name,  and  the  vouchers  (one  set) 
forwarded,  as  soon  as  circumstances  will  permit.  —  It  has 
been  impossible  to  avoid,  making  some  advances  prior  to 
the  final  adjustment  of  several  of  the  accounts:  particu- 
larly to  the  unfortunate  Shannon,244  whose  life  was,  for  a 
time  despaired  of  but  who  is  now,  since  the  amputation  of 
his  leg,  on  the  recovery.  — 

Wm  Ewing  was  beset  by  clamorous  creditors  —  and  as 
his  acct.  could  not  be  closed  until  the  delivery  of  the  stores 

Lewis  and  Clark.  The  younger  served  the  Astorians  but  was  killed  by 
an  Indian  on  the  Boise  River  in  Idaho. 

2*4  George  Shannon  was  one  of  the  Lewis  and  Clark  exploring  party. 
He  was  wounded  by  the  Indians  and  suffered  the  amputation  of  one  of 
his  legs.  He  was  known  as  "Peg  Leg"  Shannon.  Lewis  and  Clark  took 
him  to  Philadelphia  to  superintend  the  publication  of  their  journal.  He 
studied  law  and  eventually  practiced  at  Lexington,  Kentucky.  In  1828 
he  located  at  Hannibal,  Missouri,  and  later  at  St.  Charles.  He  served  in 
the  state  senate,  and  became  the  United  States  attorney  for  Missouri. 


The  First  Acting-Governorship.  249 

at  the  agricultural  establishment  I  was  induced  to  pay  his 
debts  to  the  amount  of  about  half  his  claims.  — 

It  has  not  been  in  my  power  to  employ  a  Blacksmith  for 
the  Sacs  &  Foxes  as  you  desired  me.  I  sent  repeatedly  to 
Williard  and  to  the  man  at  the  Portage245  but  heard  from 
neither  of  them. 

I  know  General,  your  impatience,  to  be  accurately 
informed  on  the  subject  of  Indian  Affairs  in  this  quarter. 
The  times  are  critical  and  I  must  confess  to  you,  that 
altho'  I  have  not  been  inattentive  to  those  matters,  I  am, 
at  this  moment  very  ignorant  with  respect  to  them.  There 
is  such  a  proneness  on  the  part  of  some  of  the  Sub  Agents 
and  Interpreters  to  artifice,  duplicity  and  lying,  that  I 
have  not  the  smallest  confidence  in  them. 

Absurd  as  such  a  plan  may  appear  to  you,  I  am  unalter- 
ably of  the  opinion,  that  the  authority  of  our  Government 
would  be  much  better  supported  by  discharging  these 
faithless  People,  and  ceasing  to  hold  conferences  with  the 
Indians  until  citizens  of  the  U.  S.  could  be  procured  as 
Interpreters.  —  To  what  do  all  our  long  conversations 
amount?  To  nothing  —  To  worse  than  nothing  —  for  they 
only  afford  the  opportunity  for  misrepresentation. 

There  is  another  abuse:  These  People  calumniate  the 
Government,  at  the  moment  they  are  the  organs  or  rather 
the  vehicles  of  its  munificence.  That  old  Hypocrite  Dorion 
while  he  was  distributing  those  Presents  for  which  he  now 

2*5  Portage  des  Sioux  was  founded  in  1799.  It  was  located  on  the  west 
bank  of  the  Mississippi  about  six  miles  above  the  mouth  of  the  Missouri. 
The  tradition  is  that  it  derived  its  name  from  the  fact  that  the  Missouris 
had  an  ambush  at  the  mouth  of  the  Missouri  River  to  waylay  a  band  of 
Sioux,  but  the  Sioux  cunningly  made  a  portage  at  the  site  of  the  village 
and  escaped  up  the  river.  In  1804  the  village  contained  about  twenty- 
five  houses. 


250         The  Life  and  Papers  of  Frederick  Bates. 

brings  forward  accounts  for  about  $800  including  his  late 
disbursements,  lamented  to  the  Indians,  the  oeconomy  of 
the  government  and  the  necessity  under  which  he  felt  him- 
self of  making  personal  sacrifices. 

The  Mandane  Chief246  heretofore  happy  at  the  camp, 
where  I  have  always  seen  him  at  the  Officers  tables,  and 
treated  with  every  kind  and  hospitable  indulgence  now 
insists  on  being  at  St.  Louis.  He  is  made  to  believe  that 
he  is  the  ' Brother'  and  not  the  'Son'  of  the  President: 
That  this  is  the  residence  of  Gov  Lewis  and  yourself  —  and 
is.  reminded,  that  while  you  were  here,  he  was  not  sent 
among  the  '  Little  chiefs '  at  the  Camp. 

How  trifling  and  vexatious!  —  A  false  sensibility  is 
excited,  and  his  mind  poisoned  by  those  mischievious  sug- 
gestions. I  am  indirectly  told  that  P.  Chouteau  provides 
for  him  since  his  abrupt  return  from  Belle  Fontaine. 

My  enemies  appear  to  be  softening  down.  I  have  heard 
of  some  threats  of  Colo.  Smith,  to  be  executed  on  the  arrival 
of  the  Governor,  as  soon  as  I  am  divested  of  the  privilege 
of  office.  I  am  in  hopes  the  Colonels  passions  will  sub- 
side —  am  too  domestic  to  hear  much  of  the  village  scandal. 
Your  Friends  are  unwell  with  the  Influenza. 


TO  RUDOLPH  TILLIER 
glB  St.  Louis  Dec  1807.  — 

Lt  Davis  did  me  the  favor  to  present  your  letter  of  this 
day,  containing  an  account  of  the  Indian  Department  with 
the  Factory  of  the  U.  States. 

2*6  The  Mandan  chief  Shahaka. 


The  First  Acting-Governorship.  251 

I  find  it  unaccompanied  by  vouchers  but  will  take  an 
early  occasion  of  adjusting  it  in  the  usual  manner.  — 


TO  HENBY  DEAKBORN 

St.  Louis  Dec  25.  1807 
Sir, 

In  the  absence  of  General  Clark,  as  I  had  the  honor  of 
informing  you  on  the  26  Nov  I  have  at  his  desire,  under- 
taken to  adjust  certain  demands  against  the  Ind  dept.  The 
settlements  will  be  made  in  the  General's  name,  as  'Pr 
Ind  agent.' 

Notwithstanding  my  anxious  desire  to  assume  no  other 
character  in  this  business  than  that  of  the  private  friend 
of  the  General,  I  have  been  obliged  again  to  trouble  you 
with  a  Bill  at  five  days  sight  in  favor  of  Messrs.  Falconer 
&  Comegys  for  the  sum  of  six  hundred  dollars. 


JOHN  SMITH  T  TO  BATES 

December  29th  1807. 
Sir, 

By  virtue  of  a  concession  granted  to  Jacq  de  St.  Vrain247 
the  9th  February  1796  recorded  in  book  C.  page  336  &  337 

24r  Jacques  Ceran  Marcelin  DeHault  DeLasses  St.Vrain  was  a 
son  of  Pierre  DeHault  DeLassus  de  Luziere,  the  first  commandant  of 
Nouvelle  Bourbon,  and  a  brother  of  Don  Carlos  DeHault  DeLassus, 
commandant  at  New  Madrid  (1796-1799)  and  lieutenant-governor  of 
Upper  Louisiana  (1799-1804).  St.  Vrain  served  in  the  French  navy,  but 
entered  Spanish  service  and  commanded  a  galley  on  the  Mississippi. 
From  his  brother  he  received  two  land  grants,  one  containing  ten  thou- 
sand arpens. 


252         The  Life  and  Papers  of  Frederick  Bates. 

for  ten  thousand  arpts.  of  land  to  be  located  agreable  to 
the  stipulations  therin  mentioned  I  have  located  and  claim 
the  following  described  tracts  of  Land  viz.  One  thousand 
arpts.  at  a  place  calld  the  New  digings  about  two  miles 
from  Mine  a  Burton.  Also  a  place  known  by  the  name  of 
Mine  a  Robina  three  hundred  arpts.  —  On  the  branch  above 
Renault  Mine  three  hundred  arpts.  —  Three  hundred  arpts. 
including  Dogits248  Mines  —  Two  hundred  arpts.  on  the 
first  branch  emtying  into  the  Mine  fork  on  the  South  side 
above  its  Junction  with  Bigg  river  —  Two  hundred  arpts. 
including  a  place  calld  McKees[?]  discovery  about  a  Mile 
and  a  quarter  from  the  last  mentioned  place  —  Fifty  arpts. 
including  a  mill  seat  on  the  second  creek  imtying  Bigg 
river  above  the  Junction  of  the  Mineral  fork  on  the  west 
side  —  I  also  claim  by  virtue  of  a  concession  to  John  Cape- 
heart  eight  hundred  arpts.  of  land  on  the  waters  of  the 
river  St.  Francis  in  Murpheys  settlement. 


TO  CLEMENT  B.  PENROSE 

St.  Louis  6  Jany  1808 
Sir, 

Major  Christy  and  myself  conversed  this  morning  on  the 
subject  of  the  clerkship.  He  is  willing  to  act  under  the 
advices  of  you  and  myself  and  will  resign  if  those  who 
elected  him,  think  it  prudent,  for  whatever  reason,  that  he 
should  do  so. 

On  this  occasion  I  have  felt  very  sensibly;  but  as  his 
bad  health  appears  to  render  a  prompt  discharge  of  his 

248  Jacob   Doggett,   the   discoverer   of   Doggett's   Mine,   lived   on   Flat 
River  in  Murphey's  Settlement  in  1803. 


The  First  Acting-Governorship.  253 

burtliensome  duties  almost  impossible,  I  think  we  ought 
to  advise  a  Resignation. 

The  idea  of  substitution  was  formerly  discountenanced 
by  the  Board,  and  our  associate  will  persist  in  considering 
us  as  accountable  for  every  irregularity,  during  the  present 
order  of  things. 


LEAD  MINING  CONTRACT  WITH  JOHN  HAWKINS 
AND  JACOB  REED 

This  Contract  made  at  St  Louis  the  sixth  day  of  January 
in  the  Year  one  thousand,  eight  hundred  and  eight  between 
Frederick  Bates  Recorder  of  Land  Titles  for  the  territory 
of  Louisiana,  on  the  one  part  and  John  Hawkins  and  Jacob 
Reed24y  of  the  district  of  St  Genevieve  of  the  other  part 
witnesseth  that  the  sd.  Bates  engages  on  his  part  that 
Hawkins  &  Reed  shall  be  put  into  possession  of  Fifty  acres 
of  Land  lying  on  the  west  side  of  a  small  creek,  about  a 
half  mile  below  the  plantation  of  Louis  Moran,  and  about 
three  miles  in  an  eastern  direction  from  Mine  A  Burton 
provided  the  said  lands  are  not  claimed  by  private  persons 
and  located  prior  to  the  4th  of  March  last  —  And  that  the 
said  Hawkins  and  Reed  shall  enjoy  the  quiet  and  peaceable 
possession  of  the  premises  for  the  purpose  of  digging  and 
raising  lead  mineral  for  the  term  of  two  years  from  the 
date  hereof.  — 

And  the  said  John  Hawkins  &  Jacob  Reed,  on  their  part 
promise  and  bind  themselves  to  cause  the  premises  to  be 
surveyed  in  a  compact  form,  reserving  the  rights  of  indi- 
viduals which  may  fall  therein,  and  to  return  certified  Plat 

249  An  early  settler  in  the  Bois  Brule  bottom. 


254         The  Life  and  Papers  of  Frederick  Bates. 

thereof  to  the  said  Bates  without  unnecessary  delay;  that 
no  less  then  three  men  shall  be  constantly  employed  on  the 
said  lot  in  the  digging  and  raising  of  Mineral  when  the 
weather  and  the  season  permit  —  and  that  they  will  pay 
to  the  said  Bates,  or  to  the  person  authorized  to  receive 
the  same  for  the  United  States  the  quantity  of  one  tenth 
of  the  produce  of  the  said  Diggings,  in  pure  Lead,  to  be 
delivered  quarterly  at  some  store  house  hereafter  to  be 
established  for  its  reception  &  deposit  at  the  Mine  A 
Burton,  and  that  in  the  intermediate  times,  no  Lead,  nor 
mineral  raised  subsequently  to  the  last  payment  shall,  under 
any  pretext  whatever  be  removed  from  the  said  Diggings. 

It  is  understood  and  the  said  Bates  agrees  that  the  said 
Hawkins  &  Reed  shall  have  the  free  use  of  any  springs  of 
water  found  in  the  vicinity  of  the  said  lot,  on  the  Public 
lands,  and  that  they  shall  be  permitted  for  the  purposes 
of  building  and  fuel  to  make  use  of  any  Stone,  Timber  or 
fire  wood  within  the  limits  of  the  said  lot  or  in  the  neigh- 
bourhood thereof  if  found  on  the  lands  of  the  United 
States. 

If  the  said  Hawkins  &  Reed  should  discontinue  the  said 
Diggings  for  the  space  of  four  months,  the  said  Bates  or 
the  proper  Agent  shall  have  a  right  to  reenter  and  this 
lease  be  thenceforth  void. 

And  if  the  said  Hawkins  &  Eeed  shall  neglect  or  refuse 
truly  and  justly  to  make  the  quarterly  deliveries  of  lead 
as  herein  stipulated,  such  delinquency  shall  cancel  this 
Contract,  and  justify  the  Agent  in  taking  possession  of 
the  Lead  and  mineral  then  on  the  premises,  (giving  his 
receipt  therefor)  and  retaining  the  same  until  a  regular 
decision  can  be  had  in  a  court  of  Justice. 

In  Witness  of  all  which,  the  parties  have  to  duplicates 


The  First  Acting-Governorship.  255 

hereof,  set  their  hands  and  seals  at  St.  Louis  the  Sixth  day 
of  January  in  the  Year  above  written.  — 

Jacob  Reed 
Sealed  and  delivered  Frederick    Bates 

in  presence  of 
J.  McLanahan250 


MICHAEL  AMOUREUX251  TO  BATES 

New  Madrid  January  6th  1808. 
Sir, 

I  had  the  honor  of  addressing  your  Excellency  on  the 
22d — 24th  of  last  December,  and  now  have  that  of 
tra[ns]mitting  a  recommendation  from  the  extant  mem- 
bers of  the  Court  of  this  District,  for  persons  whom  they 
have  thought  the  most  suitable  to  fill  up  the  present  vacan- 
cies. We  have  had  no  Confirmation  as  yet  of  the  report 
spread  all  over  this  District,  that  England  had  declared 
war  against  the  United  States:  as  under  the  known  Cir- 
cumstances, such  an  event  is  most  probable,  that  report 
has  caused  here  some  alarm,  and  several  of  the  Citizens 
have  suggested  the  propriety  of  my  particularly  repre- 
senting to  you  the  defenceless  situation  of  this  District: 
I  recollect  having  mentioned  something  on  that  Subject 
sometime  ago:  my  opinion  then  was  that,  even  in  a  state 
of  peace,  a  standing  regular  force  at  this  place  would  be  of 
great  service  on  many  accounts  —  as  to  what  regards  the 
Indians,  although  we  may  have  little  to  fear  from  them  as 

250  Josiah  McLanahan  was  appointed  sheriff  of  the  St.  Louis  District 
on  June  18,  1805. 

251  One  of  the  judges  of  the  court  of  common  pleas  and  quarter  ses- 
sions of  the  District  of  New  Madrid  appointed  by  Harrison. 


256         The  Life  and  Papers  of  Frederick  Bates. 

whole  nations,  we  are  however  much  exposed  to  the  attacks 
of  vagrant  tribes,  who  rove  about  us,  and  whose  number 
is  more  than  sufficient  to  break  up  the  whole  Settlement, 
before  anything  like  an  effectual  resistance  could  be 
opposed  to  their  devastations :  the  militia  of  this  District, 
scattered  on  an  extent  of  upwards  seventy  miles  in  length, 
consists  of  about  one  hundred  &  twenty  effective  men ;  how 
such  a  small  number  could  be  construed  into  six  companies 
and  two  battalions,  is  not  easy  to  explain,  unless  it  be 
supposed  that  it  was  thus  arranged,  for  the  purpose  of 
creating  a  colonel,  majors,  &cet.  which  in  fact  appears  to 
be  the  general  oppinion :  the  greatest  part  of  the  men  com- 
posing the  militia  are  without  arms  &  amunition,  so  that 
in  cases  of  emergency  they  could  not  be  able  to  afford 
protection:  the  more  we  look  on  recent  events,  the  more 
convinced  we  feel  of  the  necessity  of  causing  the  authority 
of  the  United  States  to  [be]  effectually  respected  in  every 
part  of  the  Union:  from  the  Local  Situation  of  this  place 
a  regular  force  stationed  here  could  protect  together  the 
inhabitants  and  the  navigation  of  the  Mississippi  a  great 
way  down.  In  the  event  of  a  rupture  between  England  and 
the  United  States  it  is  more  than  probable  that  the  internal 
enemies  will  try  every  method  for  harassing,  plundering 
and  destroying  where  ever  they  will  see  a  possibility  of  so 
doing;  all  those  reasons  make  the  citizens  alluded  to  to  be 
of  opinion  that  a  regular  force  (they  think  one  company) 
should  be  stationed  here  as  soon  as  possible,  and  that 
besides  one  company  of  volunteers,  of  about  forty  men 
would  be  raised  within  this  District,  which  company,  when 
armed  &  amunitioned  &cet.  by  government,  and  properly 
trained,  could  either  be  stationed  with  the  other  Company, 
or  could  replace  the  same  as  circumstances  or  government 


The  First  Acting-Governorship.  257 

would  direct:  if  this  plan  does  meet  with  your  approba- 
tion, well-disposed  citizens  will  go  on  immediately  about 
raising  the  said  company  of  volunteers  —  a  small 
gunboat  stationed  before  this  place  would  no  doubt 
be  a  more  effectual  and  immediate  protection  for  the  navi- 
gation of  the  Missisippi,  at  all  times  of  the  year;  but  the 
expence  attending  this  last  mode  of  defence  would  be  much 
greater  than  that  of  a  land  force;  a  state  of  war  creating 
a  kind  of  stagnation  in  the  ordinary  pursuits  of  many  men, 
some  of  them,  who  may  be  unprincipled,  and  encouraged 
by  the  enemies  of  government,  might  renew  those  scenes  of 
piracy  and  murder,  which,  a  few  years  ago,  were  witnessed 
on  the  Missisippi,  particularly  between  this  place  and  the 
Natchez  —  the  same  cause  might  operate  on  the  Indians, 
who  not  finding  a  ready  sale  for  their  peltries,  and  of 
course  not  being  able  to  procure  their  ordinary  supplies  of 
goods  &cet.  may  become  exceedingly  troublesome,  and  I 
really  fear  this  last  inconvenience  will  be  the  soonest  felt, 
in  case  of  a  war  taking  place.  — 

Some  boatmen  who  have  arrived  here  from  Pittsburg, 
since  the  first  report  of  an  open  rupture  with  England, 
have  contradicted  that  report,  which  in  fact  appears  prema- 
ture: as  we  never  receive  our  newspapers  in  due  course, 
we  are  obliged  to  depend  on  passengers  for  information 
on  the  situation  of  public  affairs.  You  will  perhaps  not 
think  fit  to  appoint  three  new  judges  for  the  Court  of 
Common  pleas:  I[n]  which  case  I  would  beg  you  would 
chuse  the  number  you  will  determine  appointing  in  the  order 
in  which  the  candidates  stand  on  the  list  of  recommenda- 
tion: Mr.  Joseph  Hunter252  being  in  this  township  of  New 

252  Hunter   came  from   Kaskaskia  to   the  New   Madrid   District.     In 
1781  he  brought  buffalo  meat  to  the  garrison  of  Ft.  Jefferson  when  it  was 


258         The  Life  and  Papers  of  Frederick  Bates. 

Madrid  will  be  of  great  assistance  for  holding  the  orphans 
Courts,  and  for  other  immediate  emergencies;  however 
more  proper  reasons  militate  in  his  favor,  he  is  generally 
reputed  as  a  good  and  upright  man,  of  no  intriguing  dispo- 
sition, and  truly  attached  to  government:  with  regard  to 
G.  Wilson253  the  present  Sheriff,  the  complaints  against  his 
conduct  in  every  respect  are  so  numerous,  that  it  appears 
to  be  the  general  wish  that  he  could  be  removed  —  John  E. 
Hart254  is  reputed  a  good  and  sober  man,  and  much  attached 
to  government.  A  majority  of  the  assessors  of  taxes  met 
on  the  2d  instant,  at  the  request  of  the  Clerk,  I  believe; 
I  was  not  apprized  of  their  meeting,  but  being  there  holding 
an  Orphans  Court  I  joined  them,  when  it  was  proposed  to 
sign  the  warrant  for  taxes  for  the  year  1807,  which  motion 
was  negatived  by  a  great  majority  of  said  Board,  stating 
their  opinion,  that  they  could  not  sign  that  warrant,  untill 
the  accountable  had  rendered  a  proper  account  of  the 
finances  of  the  District;  the  said  accountable,  G.  Wilson, 
was  there,  but  as  he  was  in  a  state  of  intoxication,  nothing 
reasonable  could  be  expected  from  him;  as  by  law  the 
Sheriff  is  to  be  the  Collector,  it  is  my  opinion  that  if  the 
Collection  could  have  been  put  into  the  hands  of  some 
collector  in  whom  the  board  could  have  placed  a  well 
grounded  confidence,  they  would  have  then  signed  the  war- 
besieged  by  Indians.  At  one  time  he  lived  on  Wolf  Island  in  the  Missis- 
sippi, but  his  usual  place  of  residence  was  in  the  Tywappity  Bottom. 
He  served  as  a  major  in  the  New  Madrid  regiment  during  the  War  of 
1812.  In  1812  and  1816  he  was  a  member  of  the  Missouri  territorial 
council  from  New  Madrid. 

253  Andrew  Wilson,  a  Scotchman,  was  induced  by  Morgan  to  settle 
in  the  District  of  New  Madrid.  His  son,  George,  was  the  first  sheriff  of 
the  District. 

254  in  1802  John  E.  Hart  was  an  ensign  in  a  militia  company  at  New 
Madrid.  He  served  as  lieutenant-colonel  of  the  New  Madrid  regiment 
during  the  War  of  1812. 


The  First  Acting-Governorship.  259 

rant,  it  is,  morally  speaking,  impossible  that  the  laws 
could  foresee  and  provide  for  every  possible  case;  of  that 
number  is  the  act  directing  the  probate  of  wills  and  the 
descent  of  intestate  Estates  &cet  —  in  every  case  happening 
I  have  thought  it  my  duty,  as  Judge  of  probate,  to  take 
immediate  steps  for  securing  the  property  of  the  deceased 
for  the  Benefit  of  all  concerned,  either  heirs,  creditors, 
Donees  &cet —  by  appointing  guardians,  or  trustees, 
putting  the  seals,  and  sometimes  taking  an  account  of  move- 
ables, untill  a  regular  administration  could  be  established, 
and  as  the  Circumstances  seem'd  to  require;  however  the 
said  act  is  silent  with  regard  to  those  particulars,  and  when 
I  have  acted  as  above,  I  thought  I  was  pursuing  the  true 
spirit  of  the  law  only  —  it  is  thought  here,  by  the  Clerk  of 
our  Court,  that,  in  the  case  of  a  man  dying  intestate,  leaving 
a  widow,  with  issues  not  of  age,  Creditors  &cet.  said  widow 
can  administer  in  fact  on  that  estate,  without  taking  any 
letters  of  administration  &cet.  —  I  am  not  of  that  opinion, 
because  I  think  that  the  rights  of  the  widow,  heirs  &cet. 
should  be  immediately  ascertained  by  a  proper  Inventory 
and  other  legal  steps  at  the  death  of  the  intestate,  or  else 
the  law  means  nothing;  and  the  door  would  be  left  open 
to  endless  lawsuits  and  difficulties  in  future;  and  I  think 
Mr.  Humphreys  was  in  the  wrong  in  advising  a  widow, 
here  now  in  that  Case,  not  to  take  the  proper  legal  steps, 
and  to  take  upon  her  self  every  responsibility  for  not 
having  complied  with  the  law :  it  is  also  my  opinion  that  the 
law  means  positively  that  (particularly  in  the  case  where 
the  heirs,  principal  creditors,  &cet  are  absent  and  not 
virtually  represented)  Goods  only  should  be  sold  to  pay  the 
privileged  debt,  due  in  the  Territory,  in  the  manner  directed 
by  law,  but  that  the  rest,  which  are  not  of  a  immediate 


260         The  Life  and  Papers  of  Frederick  Bates. 

perishable  nature  should  be  kept  for  the  disposal  of  the 
absent  heirs,  Creditors  and  others  direct  concerned,  during 
such  reasonable  time  at  least,  according  to  the  Circum- 
stances of  the  Case,  an  instance  will  serve  perhaps  better 
to  elucidate  the  matter  of  a  stranger  died  at  this  place, 
intestate  as  it  appears,  possessed  of  dry  &  other  goods  to 
the  amount  of  upwards  fifteen  thousand  Dollars ;  he  had  no 
relations,  no  Connections,  nor  any  known  Creditors  in  this 
Territory:  On  the  earliest  information  of  his  death  the 
judge  of  probate,  my  predecessor  took  the  necessary  steps 
to  secure  the  property  by  putting  the  seals  &cet.  a  limited 
administration  was  establish  'd,  with  powers  to  make  an 
Inventory,  and  sell  the  goods  of  an  immediate  perishable 
nature,  to  pay  servants  wages  &cet.  and  other  necessary 
charges  attending  on  the  said  administration ;  three  months 
after  a  full  administration  having  been  decreed  by  the 
orphans  Court,  and  a  few  debts  to  a  small  amount  remain- 
ing due  still,  the  administrator  applied  to  the  orphans  Court 
for  permission  to  sell  a  quantity  of  the  remaining  goods 
sufficient  to  pay  those  debts,  but  some  for  him  contended 
that  the  remaining  goods,  viz  Cloth,  linnen,  steel,  hardware, 
iron  pots  &cet.  &cet.  were  all  of  a  perishable  nature,  and  of 
course  should  be  sold  immediately;  I  opposed  the  motion 
and  it  did  not  pass ;  nevertheless  I  saw  next  day  an  adver- 
tisement on  the  part  of  the  administrator  advertising  all 
the  property  to  be  sold  within  a  few  weeks;  luckily  in  the 
interval  a  representative  of  the  principal  creditors  in  Phil- 
adelphia arrived  here  and  prevented  what  I  look'd  upon 
as  contrary  to  law  and  to  the  real  interest  of  the  direct 
Concerned.  If  I  have  been  wrong  in  any  of  my  above 
opinions  I  beg  you  will  tell  me  so,  as  I  hope  that  you  will 
not  mistake  my  real  intentions  in  stating  them. 


The  First  Acting-Governorship.  261 

TO  WILLIAM  MATHERS  AND  MICHAEL  HART255 

qent.  St.  Louis  Jan  7.  1808 

The  Presidents  instructions  require  that  there  should  be 
some  alterations  in  the  Leases  which  I  have  heretofore 
made  of  Lead  Mines. 

It  is  the  wish  of  the  Govt,  to  receive  their  rents  in  metal 
rather  than  in  mineral,  and  they  disapprove  the  term, 
requiring  that  it  shall  be  less  than  three  years  —  The  rents 
are  also  too  low. 

In  pursuance  of  these  orders  and  by  virtue  of  a  clause 
of  the  Lease  I  feel  myself  compelled  to  declare  that  it 
must  terminate  on  the  1st  day  of  January  1810 :  That  the 
rents  after  the  1st  day  of  the  present  month,  must  be  the 
tenth  of  the  pure  Lead  instead  of  the  mineral,  and  that  the 
said  1/10  shall  be  delivered  at  the  U.  States'  store  here- 
after to  be  established  at  Mine  A  Burton. 

These  are  conditions  which  I  am  obliged  in  future  to 
insist  on  with  the  Tenants  of  the  U.  States;  tho'  in  your 
particular  case  it  is  probable  that  the  performance  may 
not  be  required  as  respects  the  delivery,  as  your  Diggings 
will  be  a  more  convenient  place  of  Deposit  than  Mine  A 
Burton.  Yr.  Lease  is  now  formd.  &  the  changes  of  condi- 
tion wch  it  has  been  my  duty  to  make  noted  at  the  bottom. 


TO  MICHAEL  AMOUREUX 

glR  St.  Louis  10  Jany  1808 

Your  letter  of  the  16  ulto.  contains  a  number  of  inter- 
esting particulars  which  should  have  had  my  earlier  atten- 

255  William  Mathers  and  Michael  Hart  were  tenants  of  the  United 
States  at  Mine  a  Renault.  In  1800  Hart  settled  in  the  Murphy  Settle- 
ment, where  Farmington  is  now  located. 


262         The  Life  and  Papers  of  Frederick  Bates. 

tion  had  not  ill  health  for  some  time  past  rendered  me 
incapable  of  almost  every  kind  of  public  business.  —  I  have 
transmitted  the  appointment  of  Messrs.  Humphreys256  and 
Woodson,257  as  commissioners  of  Eates  and  Levies;  the 
first  for  the  term  of  three  years ;  the  latter  as  the  successor 
of  Colo.  Waters258  whose  term,  I  think  would  have  expired 
on  the  15th  of  August  1809.  —  The  tax  law259  ought,  in  the 
opinion  of  every  member  of  the  Legislature  to  have  been 
long  since  repealed.  It  is  badly  calculated  to  promote  the 
objects  which  it  contemplates;  but  as  it  is  still  in  force, 
we  must  endeavour  to  execute  it,  notwithstanding  the  diffi- 
culties which  have  impeded  its  operation. 

I  have  before  heard  of  the  irregular  conduct  of  Mr. 
Wilson  ;260  —  but  you  know  that  haste  and  precipitation 
have  formerly  been  imputed  to  me;  and  from  the 
unpleasant  contests  which  I  have  been  compelled  to  main- 
tain, has  resulted  the  propriety  of  future  caution. 

The  reality  of  justice  is  indispensable;  its  appearance 
is  also  necessary  for  the  success  of  public  measures.  —  If 
the  court  or  your  Honors,  in  private  conference  will  declare 
to  me  the  causes  of  their  dissatisfaction  with  Mr.  Wilson, 
and  recommend  his  removal,  such  a  course  shall  then  be 

256  Joshua  Humphreys. 

257  On  August  20,  1807  Obadiah  Woodson  was  appointed  justice  of  the 
peace  for  New  Madrid  township.  On  January  8,  1808  he  was  appointed 
commissioner  of  rates  and  levies  for  the  District  of  New  Madrid  to  suc- 
ceed R.  J.  Waters  who  died  in  office. 

258  Thomas  Willoughby  Waters,  a  South  Carolina  soldier  of  the  Ameri- 
can Revolution,  came  to  Cape  Girardeau  in  1804.  He  engaged  in  farming 
and  merchandizing.     The  firm  name  was  Waters  and  Hall. 

259  The  act  for  raising  district  rates  and  levies  was  enacted  July  8, 
1806.     Mo.  Territorial  Laws,  I,  69-78. 

260  probably  George  Wilson,  the  first  sheriff  of  the  District  of  New 
Madrid. 


The  First  Acting-Governorship.  263 

pursued  as  the  interests  of  the  district  may  appear  to 
require. 

Be  assured  Sir,  I  feel  every  possible  confidence  in  the 
correctness  of  your  representations  and  shall  be  thankful 
for  a  continuance  of  those  communications  with  which  you 
have  heretofore  favored  me.  —  I  have  commissioned  Mr. 
Hunter,261  and  shall  submit  your  recommendation  of  Mr. 
Hart262  to  Governor  Lewis  on  his  arrival.  —  You  are  to 
preside  in  the  courts,  and  should  a  competition  arise  on 
that  subject  I  will  forward  you  a  commission  to  that  effect. 

If  those  U.  States'  —  Buildings  which  you  mention  can 
be  converted  to  District  Purposes  I  think  you  ought  to  take 
possession  of  them.  They  might  perhaps  serve  for  offices ; 
and  their  occupancy  by  a  careful  Tenant  would  contribute 
to  their  preservation.  They  ought  not  however  to  be 
rented;  for  they  may,  at  any  time  be  reclaimed,  by  a  Mili- 
tary Officer. 

Our  advices  from  the  Atlantic  States  speak  of  War. 
Such  an  event  is  greatly  to  be  deprecated ;  but  we  have  now 
enjoyed  a  long  and  prosperous  exemption  from  that  deso- 
lating scourge,  and  I  believe  we  shall  meet  it  as  we  would 
any  other  unavoidable  evil,  with  firmness. 

It  is  an  old  remark,  that  'Laws  are  silent  amidst  arms'  — 
and  I  am  very  sure  that  not  only  the  Laws  of  Nations ;  but 
also  the  Laws  of  Eeason  and  Justice  are  trampled  upon 
and  forgotten  in  the  present  European  conflict.  A  new 
code  to  regulate  the  intercourse  of  Nations  must  arise  out 
of  the  present  chaos  of  ancient  principles. 

War  will  unite  the  American  People;  considerations  of 

26i  Joseph  Hunter. 

262  John  E.  Hart  was  appointed  sheriff  of  the  District  of  New  Madrid 
on  April  4,  1808. 


264         The  Life  and  Papers  of  Frederick  Bates. 

minor  import  will  be  forgotten;  ' choice  spirits'  will  find 
honorable  employment  and  the  energies  of  the  country  will 
be  combined  for  the  maintenance  of  those  glorious  Pillars 
of  Justice  and  Law,  raised  by  the  toils  and  cemented  by 
the  blood  of  Heroes.  — 


TO  JOSHUA  HUMPHREYS 

St.  Louis  Jany  10.  1808 
Sir, 

Your  letter  of  the  24th  of  Nov.  last  came  duly  to  hand 
with  its  accompanyments. 

By  same  conveyance  I  also  received  the  association  for  a 
cavalry  company,  of  which  I  am  happy  to  find  you  have 
been  elected  the  captain. 

My  delay  in  putting  this  company  in  commission  has 
arisen  from  the  want  of  arms  and  this  will  I  am  fearful  be 
an  insuperable  difficulty.  Swords  and  Pistols  cannot  be 
procured ;  and  to  place  men  on  horseback  without  the  appro- 
priate equipments  would  be  totally  to  lose  the  services  of 
so  many  effective  militia-men. 

Government  has  already  supplied  us  with  60  Pairs  of 
Pistols,  and  with  as  many  Swords  and  I  shall  make  an 
effort  to  obtain  an  additional  supply.  If  this  object  is 
accomplished,  your  association  shall  not  be  forgotten.  — 

I  enclose  a  commission  for  yourself  and  Obadiah  Wood- 
son Esquire  as  Commissioners  of  Rates  and  Levies. 

Since  the  death  of  Colo.  Waters  I  recollect  no  person 
but  yourself  who  is  authorized  to  administer  oaths  of 
office.  —  I  have  sent  a  Dedimus  to  Mr.  Amoureux. 


The  First  Acting-Governorship.  265 

TO  ALBERT  GALLATIN 

St.  Louis  Jany  16.  1808 
Sir, 

As  Mr.  Harry20a  a  merchant  of  this  place  will  be  at  the 
Treasury  offices  I  take  the  liberty  of  saying  that  he  is  much 
respected  in  Louisiana. 

If  you  enquire  of  him  with  respect  to  the  Public  Affairs 
in  this  quarter,  I  am  persuaded  that  his  informations  may 
be  relied  upon. 

I  was  lately  honored  with  your  letter  of  the  13th  of  Novr. 
last.  —  It  contains  intimations  of  the  President's  wishes, 
rather  than  positive  instructions  and  to  these  wishes  I  shall 
as  strictly  conform  as  the  nature  of  circumstances  will 
permit. 

The  Proprietors  or  rather  the  Intruders  on  the  'New 
Diggings '  have  not  thought  proper  to  take  a  Lease. 


TO  MERIWETHER  LEWIS 

St.  Louis  16  January  1808. 
Sir, 

Amidst  the  disappointments  which  your  absence  occa- 
sions, no  one  feels  the  want  of  your  superintending  pres- 
ence so  much  as  I  do.  Altho'  my  best  judgments  have  been 
continually  exercised  for  the  discharge  of  the  arduous 
duties  of  government,  yet  I  feel  that  'I  am  no  atlas  for  so 
great  a  weight'  and  that  it  will  be  impossible  for  Your 
Proxy  to  diffuse  the  general  satisfaction  which  the  People 
of  this  country  expect  from  yourself. 

263  Probably  Jacob  Harry. 


266         The  Life  and  Papers  of  Frederick  Bates. 

We  have  long  since  received  500  stand  of  Arms,  60  Pairs 
of  Pistols  &  60  Swords,  in  addition  to  which  I  am  informed 
by  Capt.  Bissell  that  several  boxes  have  arrived  at 
Massac204  and  that  several  yet  remain  at  Pittsburgh. 

Major  Delaunay  the  Adjutant  General  possesses  a  mili- 
tary genius  —  and  has  exerted  himself  very  monstrously 
for  the  establishment  of  Military  discipline  in  the  Militia. 
I  lament  very  much  our  inability  to  reward  these  services. 
There  is  indeed  an  inadequate  compensation  allowed  him 
by  the  law  of  the  Territory,  not  one  cent  of  which  he  has 
yet  received  owing  to  the  deranged  state  of  our  Revenues. 

Would  not  Congress  make  some  allowance?  It  was  once 
I  am  told,  contemplated  by  Gov  Harrison  to  ask  for  an 
appropriation  for  this  object  but  his  government  of  the 
district  ceasing,  the  idea  was  not  pursued.  I  do  not  pretend 
to  judge  of  the  propriety  of  such  an  application;  but  the 
Major's  services  have  certainly  contributed  very  much  to 
the  formation  of  the  Militia  and  they  have  not  yet  been 
compensated.  Excuse,  I  pray  you  this  illegible  writing  — 
I  have  a  Bile265  on  my  hand  which  makes  the  effort  very 
painful. 


TO    MERIWETHER   LEWIS 
Sir,  St.  Louis  Jany  26.  1808. 

Since  I  last  had  the  honor  of  addressing  you  nothing  of 
any  political  moment  has  occurred. 

The  Territory  is  tranquil  —  No  alarms  agitate  the  fron- 

264  Fort  Massac  was  located  on  the  Illinois  side  of  the  Ohio  River 
about  twelve  miles  below  the  mouth  of  the  Tennessee  River.  For  an 
excellent  description,  see  Cuming,  Sketches  of  a  Tour  of  the  Western 
Country,  in  Early  Western  Travels,  IV,  276-277. 

265  Colloquial  for  boil. 


The  First  Acting-Governorship.  267 

tiers,  and  civil  discords  have  ceased  to  destroy  the  domestic 
quiet  of  the  People.  — 

It  is  now  nearly  a  month  since  we  had  a  mail  and  our 
last  advices  from  Washington  are  no  later  than  the  30th 
of  November. 

The  apprehension  of  War  has  had  considerable  effects 
on  our  trade  —  Peltry  is  received  with  very  great  reluc- 
tance, and  should  commercial  intercourse  cease  with  great 
Britain  our  traffic  must  be  totally  at  an  end. 

As  long  as  we  are  Indian  Traders  and  Hunters  our  settle- 
ments can  never  flourish,  and  for  my  own  part  I  care  not 
how  soon  the  savage  is  left  to  traverse  in  solitude  his  own 
Desarts,  until  the  approach  of  cultivation  oblige  him  to 
retreat  into  more  gloomy  recesses.  — 

I  wish  very  much  to  hear  the  Fate  of  Mr.  Rhea's  reso- 
lution266 on  the  subject  of  Land.  Should  it  pass  into  a  Law 
Orleans267  &  Louisiana  would  be  immediately  peopled  by  an 
emigration  from  many  quarters  of  the  United  States.  I  do 
not  pretend  to  decide  on  the  policy  of  such  a  measure  but 
the  great  local  benefit  which  it  would  confer  on  Louisiana, 
cannot  be  doubted. 

sen  On  January  19,  1807  Rhea  of  Tennessee  introduced  the  following 
resolution  in  the  house  of  representatives:  "Resolved:  That  a  commit- 
tee be  appointed  to  inquire  into  the  expediency  of  laying  off  and  describ- 
ing, by  certain  metes  and  boundaries,  a  tract  of  country,  to  which  the 
Indian  title  hath  been  extinguished,  within  the  limits  of  the  Territory  of 
Louisiana,  and  to  include  all  the  settlements  within  the  said  Territory, 
and  for  having  the  said  tracts  of  country  laid  off  into  townships  and 
sections,  half  and  quarter  sections,  agreeably  to  the  several  laws  hereto- 
fore made  for  surveying  the  public  lands  of  the  United  States;  and  also 
to  inquire  into  the  expediency  of  granting  one  quarter  section  to  every 

free  white  male,  who  now  resides  thereon,  or  who  within years  shall 

actually  improve  and  reside  thereon."  Annals  of  Congress,  9  Cong.,  2 
Sess.,  362. 

267  Territory  of  Orleans. 


268         The  Life  and  Papers  of  Frederick  Bates. 

The  People  some  time  ago  convened  in  St.  Louis,  for  the 
purpose  of  addressing  Congress.  They  are  dissatisfied 
with  the  present  Laws  for  the  investigation  of  Land  claims. 
To  be  tried  by  the  Spanish  laws  and  usages  does  not  satisfy 
them,  and  indeed  they  never  will  be  content  until  Govern- 
ment say  to  them  i  Claim  what  you  please,  and  be  confirmed 
in  all  you  claim.'  Three  cases  containing  your  furniture 
have  arrived.  They  appear  to  be  in  good  order.  I  have 
stored  them. 

Several  of  your  followers  to  the  Pacific  Ocean  have,  for 
valuable  considerations  transferred  the  Land  Warrants  to 
which  they  became  entitled  by  an  Act  of  the  last  Session.268 

The  accompanying  transcripts  will  shew  the  interest 
which  Messrs.  Riddick  &  McNair209  have  acquired  in  the 
warrants  of  Drulzard,  Collins  &  Whitehouse.270  I  have 
lately  purchased  of  McNair  his  moiety  of  these  warrants 
and  take  the  liberty  of  requesting  that  they  may  be  retained 
in  your  hands  until  a  suitable  opportunity  presents,  of 
delivering  them  to  Mr.  Eiddick  &  myself. 

Genl.  Clark  would  have  given  them  up  last  summer  but 
as  the  power  of  atto.  was  to  yrself  he  did  not  conceive  him- 

268  On  January  2,  1807  a  resolution  was  adopted  in  the  house  of 
representatives  that  a  committee  be  appointed  to  determine  what  com- 
pensation ought  to  be  made  to  Lewis  and  Clark  and  their  followers.  On 
March  3  an  act  was  approved  which  directed  the  secretary  of  war  to  issue 
land  warrants  to  Lewis  and  Clark.  Each  was  to  receive  sixteen  hundred 
acres,  and  each  of  their  followers  three  hundred  and  twenty  acres.  The 
lands  were  to  be  selected  from  public  lands  of  the  United  States  west  of 
the  Mississippi  River.  The  act  also  provided  double  pay  for  all  during 
the  time  of  the  exploration.    Annals  of  Congress,  9  Cong.,  2  Sess.,  1278. 

269  Thomas  F.  Riddick  and  Alexander  McNair. 

2to  George  Drulyard  or  Drouillard,  John  Collins,  and  Joseph  White- 
house,  three  of  the  Lewis  and  Clark  party.  For  the  list  of  those  who 
received  land  warrants,  see  American  State  Papers,  Military  Affairs,  I, 
209. 


The  First  Acting-Governorship.  269 

self  justified  in  acting  under  it.     Yr.  attention  to  these 
matters  will  confer  on  me  a  particular  favor. 


TO  THOMAS  OLIVEE 

St  Louis  27  Jany  1808 
Sir, 

I  was  favored  this  morning  with  your  letter  of  the  23d 
and  enclose  you  a  copy  of  the  Law  concerning  Insolvent 
debtors.271  Its  mischiefs  or  its  utilities  are  about  to  be 
fairly  tested  in  this  District.  The  fraudulent  as  well  as 
the  unfortunate  debtor  are  claiming  its  privileges  and  I  am 
fearful  that  it  is  so  loosely  guarded  in  its  provisions  as  to 
be  productive  of  some  occasional  injustice.  The  Gentle- 
men of  the  Bar  are  impatient  for  its  repeal. 

At  this  time  I  have  neither  copies  of  the  attachment272 
nor  Probate  Laws.273  It  is  indeed  my  duty  to  promulgate 
them ;  but  I  have  already  made  sufficient  sacrifice,  and  until 
funds  are  placed  in  my  hands  for  this  object  the  People 
must  continue  to  be  bound  by  Laws,  which  they  have  not 
had  the  opportunities  of  reading. 

271  The  act  was  passed  on  October  16,  1807.  As  compared  with  the 
lot  of  a  debtor  elsewhere,  he  was  fortunate  in  the  Territory  of  Louisiana. 
After  his  arrest  the  debtor  under  oath  filed  with  a  judge  of  the  court 
of  common  pleas  and  quarter  sessions  of  the  proper  district  an  inventory 
of  all  his  earthly  possessions.  Section  6  read,  "After  delivering  such 
inventory,  and  taking  such  oath,  the  judge  shall  command  the  sheriff  or 
jailor  forthwith  to  set  the  prisoner  at  liberty,  and  he  shall  never  be 
subject  to  arrest  on  account  of  such  debts  afterwards;  but  the  creditor 
may  at  any  time  sue  out  process  to  execution  against  the  estate  which 
such  insolvent  person  may  thereafter  acquire  or  be  possessed  of."  Mo. 
Territorial  Laws,  I,  181-182. 

272  Act  of  July  3,  1807.     Ibid.,  I,  145-150. 

273  Act  of  July  4,  1807.     Ibid.,  I,  126-139. 


270         The  Life  and  Papers  of  Frederick  Bates. 

WILLIAM  MATHERS  TO  BATES 

Mine  au  Renaut  Jan.  29th.  1808. 
Deae  Sir, 

Your  favour  of  the  7th  Inst,  came  to  hand  yesterday,  & 
we  note  its  contents.  The  alteration  in  the  Lease  is  against 
us,  &  the  clause  in  it,  prohibiting  any  interference  with 
private  claims  tho'  very  necessary,  yet  I  confess  we  are 
utterly  unable  to  distinguish  public  from  private  claims 
for  since  our  establishment  at  this  place  there  has  several 
claimants  appeared  After  Harvey,  Campbell,  &  Cheetham, 
were  ejected,  Cheetham  under  the  auspices  of  Smith, 
Browne,  &  Co.  has  reentered  the  Land,  on  the  13th  Inst. 
Edward  Cheetham  came  with  Samuel  Perry  and  surveyed 
500  acres  including  all  our  diggings  and  advertised  the 
same  signed  John  Smith  T,  &  Joseph  Browne.  Cheetham 
with  a  number  of  hands  in  the  course  of  last  summer  dug 
about  IV2  or  2  miles  round  this  place,  under  the  silly  cover 
of  occupying  a  little  claim  of  Henry's274  &  Fenweek's275  of 
only  four  acres  tho'  it  is  well  known  that  it  is  located  at 

274  Andrew  Henry  was  born  about  1775  in  Fayette  County,  Pennsyl- 
vania. He  came  to  Louisiana  in  Spanish  days.  He  lived  for  a  while  in 
Ste.  Genevieve  and  then  settled  in  the  mining  district.  He  became  known 
as  "Major  Henry  of  the  Mines."  In  1808  he  was  one  of  the  original 
partners  of  the  Missouri  Fur  Company.  The  following  year  the  first 
expedition  sent  out  by  the  company  met  with  disaster  in  the  Blackfoot 
country.  Henry  commanded  the  company's  fort  near  the  mouth  of  the 
Three  Forks,  but  in  1810  he  abandoned  this  site  and  built  a  new  fort  on 
Henry  Fork  of  Snake  River.  In  1811  the  fort  was  abandoned  and  Henry 
returned  to  the  mining  country  where  he  eventually  became  associated 
with  Ashley. 

275  Walter  Fenwick  was  born  in  1755.  He  moved  from  Kentucky  to 
Upper  Louisiana  in  1797,  where  he  became  associated  with  Jean  Baptiste 
Labreche  in  a  claim  for  10,000  acres  at  Mine  La  Motte.  In  1801  he 
married  Julia  Valle.    About  the  time  of  the  cession  he  began  the  practice 


The  First  Acting-Governorship.  271 

the  Mine  au  Burton  and  we  are  informed  that  they  do  not 
so  much  as  intend  to  lay  it  before  the  Board  of  Commis- 
sioners, but  it  serves  as  One  Stratagem,  among  many 
others,  to  favour  a  steady  adherent  to  Smith  &  Co.  it  is  a 
fact  that  the  best  informed  of  them  have  taken  up  the 
absurd  Idea  that  when  the[y]  get  possession  the[y]  can 
keep  it  in  Law  ten  years,  and  that  the  lead  will  support 
the  expence,  and  make  them  a  fortune. 

Major  Hunt276  has  also  produced  Mons.  Renaut's  Grant 
of  Lead  Mines  Thus  our  situation  has  become  very 
unpleasant  —  We  have  agreed  with  that  Gentleman  Condi- 
tionally in  case  He  establishes  His  claim. 

Dr.  Browne  came  and  threatened  us  &  all  our  hands 
with  the  severest  prosecution  if  we  did  not  give  all  the 
mineral  to  Cheetham  His  agent  and  they  have  actually 
built  furnaces  for  the  purpose,  and  have  laid  in  a  large 
supply  of  provision  and  have  six  or  seven  Hands  employed 
cutting  wood  but  finding  us  inflexible  in  maintaining  what 
we  believe  to  be  our  right  we  are  informed  Smith  will  raise 
a  party  and  drive  us  off  and  seize  our  mineral  Thus  cir- 
cumstanced we  cannot  well  know  how  to  act.  It  is  in  vain 
for  us  to  reason  with  such  men,  when  we  tell  them  that  the 
land  is  the  property  of  the  U.  States.  They  answer  that 
you  as  Acting  Governor  of  this  Territory  have  no  Authority 
for  letting  any  Land,  and  that  the  whole  proceedings  on 
your  part  was  a  wanton  piece  of  partiallity,  &  that  the 

of  medicine  at  Ste.  Genevieve.  In  1806  he,  with  Andrew  Henry,  was 
assigned  the  grant  of  Francois  Azor  dit  Breton  at  Mine  a  Burton.  In 
1811  Fenwick  was  killed  in  a  duel  with  Thomas  T.  Crittenden,  a  brother 
of  Senator  J.  J.  Crittenden  of  Kentucky. 

276  Governor  Harrison  appointed  Seth  Hunt  commandant  of  the  Ste. 
Genevieve  District  in  1804.  The  following  year  Hunt  purchased  the  grant 
of  Pierre  Belote  on  Grand  River. 


272         The  Life  and  Papers  of  Frederick  Bates. 

Government  is  bound  to  sanction  their  claims  &  that  if 
there  is  any  more  valuable  discoveries  made  they  have 
Concessions  to  cover  them  all  —  so  that  according  to  this 
doctrine  Government  has  no  Right  to  any  mineral  Land  in 
this  or  any  other  part  of  Louisiana  &  consequently,  will  be 
obliged  to  abandon  every  pretension  to  it  — 

We  are  in  daily  expectation  of  a  visit  from  His  High 
Mightiness  Colo.  Smith  and  what  the  consequences  will  be 
we  cannot  yet  tell,  but  if  such  a  Desperado  will  put  so 
ridiculous  a  threat  into  execution  I  think  it  is  but  reason- 
able for  him  to  meet  a  warm  reception  which  is  an  event 
we  most  cordially  despise  and  wish  to  look  to  the  Laws  of 
Our  Country  for  the  maintaining  of  Peace  and  Order  in 
Civil  Society.  Thus  we  have  briefly  given  a  Statement  of 
facts  and  cannot  determine  on  any  thing  certain  till  we 
hear  from  you. 


TO  HENRY  DEARBORN 

St.  Louis  Feby  3.  1808 
Sir, 

I  had  the  honor  of  receiving  by  yesterdays  mail  your 
letter  of  the  9th  of  Deer,  last,  in  which  you  desire  general 
William  Clark  and  myself  to  transmit  you  a  full  and  candid 
statement  of  facts  in  relation  to  the  dispute  between  Mr. 
Tillier  &  Mr.  Sibley.277 

General  Clark  has  not  yet  returned  to  Louisiana.  On 
his  arrival,  the  enquiry  and  statement  which  you  instruct 
us  to  make,  shall  be  forwarded  without  delay. 

277  They  were  then  stationed  at  Bellefontaine. 


The  First  Acting-Governorship.  273 

TO  MOSES  AUSTIN 

St.  Louis  Feby  7.  1808 
Sir, 

Mr.  Carr,278  a  few  days  ago  handed  me  your  letters  of 
30th  ulto.  and  2d  inst. 

You  speak  of  a  road  from  the  Mine  A  Breton  to  the 
mouth  of  the  Joachim279  and  solicit  my  permission  to  make 
it  at  your  own  expense.  It  is  a  measure  of  such  manifest 
utility,  that  had  I  the  power  to  do  so,  I  should  not  hesitate 
to  give  it  my  warmest  support.  It  appears  to  be  my  duty 
to  prevent  trespasses  and  intrusions  of  every  kind  upon 
the  Public  Lands  of  the  United  States  and  altho  the  road 
which  you  contemplate,  is  most  clearly  without  the  spirit 
and  meaning  of  the  Laws  on  these  subjects,  yet  as  it 
appears  to  be  an  actual  breach  of  them,  it  is  impossible 
that  I  should  give  it  a  direct  sanction.  I  make  you  how- 
ever this  assurance,  that  I  will,  by  next  mail,  express  to 
government  my  private  approbation  of  the  project,  and 
that,  until  I  receive  orders  on  the  subject,  no  prohibitory 
measures  shall  be  taken. 

Your  observations  on  the  conduct  of  a  justice  of  the 
Peace  of  your  township2S0  shall  not  be  forgotten.  He 
appears  to  have  acted  with  much  error,  and  perhaps  pas- 
sion; yet  I  have  esteemed  him  an  honest  man,  and  can 
scarcely  imagine  that  he  has  been  influenced  by  corrupt 

278  William  C.  Carr. 

279  in  1798  Francois  Wideman  operated  a  ferry  across  the  Mississippi 
River  at  the  mouth  of  the  Joachim  Creek  where  Herculaneum  was  sub- 
sequently laid  out. 

280  John  Perry  was  appointed  justice  of  the  peace  for  Breton  township, 
District  of  Ste.  Genevieve,  on  October  1,  1807. 


274         The  Life  and  Papers  of  Frederick  Bates. 

motives.     He  shall  be  admonished  to  pursue,  in  future,  a 
more  cautious  line  of  conduct. 


TO  WILLIAM  MATHERS  AND  MICHAEL  HART 

St.  Louis  Feby  7.  1808. 
Gent, 

Your  letter  of  29  ulto.  was  handed  me  by  Major  Hunt. 
It  contains  some  very  extraordinary  informations.  The 
new  and  extravagent  pretensions  of  Messrs.  Smith  & 
Browne  can  not  be  permitted.  The  President  has  already 
discovered  great  forbearance,  and  they  appear  willing  to 
construe  his  lenity  into  an  indirect  approbation  of  their 
continued  encroachments. 

I  was  desirous  of  coming  immediately  to  the  Mines  in 
order  to  ascertain  facts,  and  to  restore,  by  decisive  meas- 
ures, that  confidence  in  the  government,  which  the  People 
in  your  part  of  the  country  appear  to  be  losing:  Circum- 
stances for  the  present  prevent  me.  —  I  shall  not  however 
be  unmindful  of  the  critical  situation  in  which  you  are 
placed,  and  as  soon  as  I  have  legal  evidence  of  the  fact, 
Process  will  issue  to  do  away  those  molestations  of  which 
you  complain,  and  to  prevent  a  repetition  of  them. 

No  Surveys  since  the  4th  of  March  last  under  whatever 
authority,  can  come  into  collision  with  you;  and  I  am  not 
aware  of  any  claims,  which  can  have  an  interference  with 
your  Lease,  unless  it  should  be  those  of  Messrs  Fenwick  & 
Henry.  If  they,  or  those  from  whom  they  derive  title,  did 
formerly  make  a  location,  it  is  to  be  expected  that  their 
lands  are  so  designated  by  established  boundaries  as  to 
preclude  the  possibility  of  misunderstandings.  — 


The  First  Acting-Governorship.  275 

Major  Hunt's  is  an  early  claim  and  perhaps  on  inves- 
tigation will  be  found  to  be  a  complete  title :  Yet  it  cannot 
be  surveyed  until  it  acquires  the  sanction  of  government. 
For  that  Gentleman,  I  have  the  sincerest  respect,  and  I 
am  well  persuaded,  that  his  correct  views  of  this  subject 
will  prevent  his  attempting  anything  in  violation  of  the 
Laws. 


SETH  HUNT  TO  BATES 

Saint  Louis  Feby.  7th.  1808 
Sir, 

Agreeably  to  your  request  of  yesterday,  I  enclose  for 
your  information  and  that  of  the  Government  of  the  U. 
States,  a  Statement281  of  the  facts  on  which  I  rely  to 
establish  the  Claim  of  Monsr  Meyneaud  &  wife,  to  the  four 
several  tracts  of  land  in  the  Illinois  —  anciently  Granted 
to  Monsr  Renaut  the  Grandfather  of  Madm.  Meyneaud  — 
By  the  Original  Grant  deposited  in  the  Recorders  Office  at 
Kaskaskia,  a  Certified  Copy  of  which  you  have  in  your  pos- 
session and  to  which  I  beg  leave  to  refer  you  —  you  will 
observe  that  two  of  the  tracts  named  in  the  Grant  viz  the 
first  and  third  are  situate  within  this  Territory  —  one  on 
the  Little  Maremec  and  the  other  on  the  Mine  called  La 
Mothes  Mine  —  both  within  the  District  of  Saint  Gene- 
vieve. — 

These  Lands  I  claim  in  the  name  and  on  behalf  of 
Monsr  Jean  Baptiste  Francois  Meyneaud  and  Amelie 
Josephe  Renaut  his  Wife  —  in  virtue  of  the  Rights,  Powers 
and  authorities  vested  in  me,  as  their  Assignee  Agent  & 
Attorney  —  legally  constituted  and  appointed  — 

-si  See  the  following  letter  from  Hunt  to  Bates  of  the  same  date. 


276         The  Life  and  Papers  of  Frederick  Bates. 

SETH  HUNT  TO  BATES 

Saint  Louis  Feby.  7th  1808. 
Sir, 

On  the  14th  day  of  June  1723  Monsr  Boisbriant282  the 
Governor  and  Monsr.  Desursins283  the  Intendant  of  Lands 
for  the  Illinois  Country  —  Granted  in  fee  simple  ("en 
franc  a  lien")  unto  Monsr  Renaut284  then  director  of  the 
Illinois  —  four  several  tracts  of  land  situate  within  the 
said  Illinois  Country  —  as  fully  appears  by  the  original 
Grant  in  the  Office  of  the  Recorder  of  Lands  for  the  County 
of  Randolph,  kept  at  Kaskaskia  in  the  Indiana  Territory.  — 

These  Lands  Mr.  Renaut,  inhabited,  cultivated  or  other- 
wise improved  for  more  than  20  years  —  during  which  time 
he  sold  a  part  of  the  Tract  situate  on  the  Mississippi  near 
to  Fort  Chartres  —  to  sundry  Individuals,  who  established 
themselves  thereon  and  called  the  place  St.  Phillips  —  the 
rights  and  titles  of  those  persons  (derived  from  Mr. 
Renaut),  their  heirs  or  assignees  —  have  been  recognised 
and  confirmed  by  the  Commissioners  established  at  Kas- 
kaskia285 for  the  Investigation  of  land  Claims  within  the 
District  of  Kaskaskia.  — 

282  Pierre  Duque,  Sieur  de  Boisbriant,  was  appointed  commandant  of 
the  Illinois  in  1718.  "In  1719  the  mining  operations,  which  Boisbriant 
had  been  especially  ordered  to  promote,  began  with  vigor."  Alvord,  The 
Illinois  Country,  1673-1818,  pp.  152-154. 

283  Marc  Antoine  de  la  Loere  des  Ursins. 

284  Philippe  Francois  Renault,  a  Parisian  banker,  was  appointed 
director-general  of  mines  for  the  Royal  Company  of  the  Indies.  He 
arrived  in  the  Illinois  Country  in  1720.  He  received  several  large  land 
grants  and  engaged  extensively  in  mining  until  1742  when  he  returned 
to  France.  In  1812  the  land  commissioners  rejected  the  claims  of  those 
who  professed  to  be  the  heirs  of  Renault. 

285  Michael  Jones  and  Elijah  Backus. 


The  First  Acting-Governorship.  277 

About  the  year  1742  Mr.  Renaut  returned  to  France  — 
He  died  at  Santin  the  25th  April  1755  —  aged  72  years  and 
one  month  —  and  in  the  Eecord  of  his  Death —  (of  which 
I  have  the  Extract,  duly  authenticated)  he  is  styled  "ancien 
directeur  aux  Illinois."  —  Monsr  Renaut  left  his  oldest  son 
Phillipe  Francois  Celestan  Renaut,  his  heir.  This  last 
died  in  1768  having  only  one  child  —  viz  Amilie  Josephe 
Renaut  —  the  wife  of  Jean  Baptiste  Francois  Meyneaud  — 
who  is  among  the  most  distinguished  Citizens  of  France  — 
Madame  Meyneaud  is  alive  —  as  is  also  her  Mother  —  the 
Widow  of  Phillipe  F.  C.  Renaut  —  she  most  perfectly  recol- 
lects Mr.  Renaut  —  I  have  with  me  the  original  Letters 
and  other  writings  of  Monsr.  Renaut  written  while  in  this 
Country  and  on  his  way  here  —  I  have  compared  them  with 
the  several  Deeds  of  Conveyance  and  other  instruments  of 
writing  executed  by  M.  Renaut  and  now  on  file  in  the 
Recorders  Office  at  Kaskaskia  and  find  an  exact  resem- 
blance —  I  have  also  all  the  necessary  Documents  to  estab- 
lish the  identity  of  the  person  of  M.  Renaut  and  the  lineal 
descent  of  Madm.  Meyneaud  his  Granddaughter.  These 
Documents  are  duly  Certified  by  the  Public  Authorities  of 
France  &  Legalised  by  The  Consul  General  of  the  U.  States 
at  Paris  — 


TO  SETH  HUNT 

St.  Louis  Feby  7.  1808. 
Sir, 

The  statement  which  you  have  been  so  so  good  as  to 
furnish  me  of  your  titles  to  certain  Lands  in  the  Indiana 
and  Louisiana  Territories  will  be  transmitted  to  Mr.  Gal- 


278         The  Life  and  Papers  of  Frederick  Bates, 

latin,  either  by  myself  or  by  Mr.  Carr,  whose  duty  it 
appears  more  especially  to  be  to  investigate  claims  embrac- 
ing Lead  Mines. 

My  object  in  our  conversation  of  yesterday  was  not  so 
much  to  obtain  those  details  with  wch.  you  have  so  oblig- 
ingly supplied  me,  as  to  bring  under  the  view  of  the  Gov- 
ernment, that  Protest  which  you  think  yourself  justified 
in  making,  against  the  present  system  of  waste  and  dis- 
order —  and  against  that  Proprietorship  which,  on  behalf 
of  the  U.  S.  I  must  continue  to  exercise  until  otherwise 
instructed.  The  Principal  object  in  leasing  these  mines 
was  to  gain  an  amicable  possession.  These  hopes  have 
been  in  a  great  degree  disappointed,  and  Government  will, 
I  am  very  sure,  be  obliged  to  pursue  a  more  energetic 
course  —  At  any  rate,  unless  they  establish  furnaces  of 
their  own  my  advice  to  Mr.  Gallatin  will  be  to  discontinue 
the  project  of  Leases. 


TO  JOHN  PERRY 

St.  Louis  Feby  8.  1808 
Sir, 

I  am  about  to  remonstrate  with  you  as  with  a  friend,  in 
whose  upright  intentions  I  have  great  confidence.  If,  in 
that  character,  I  make  observations  which  are  painful  to 
your  feelings,  I  beg  you  to  place  it  to  the  account  of  my 
desire  to  render  you  service,  and  by  no  means  impute  it 
to  a  wish  on  my  part  to  pass  a  censure  on  your  conduct. 
Charges  have,  at  various  times  been  exhibited  against  you 
by  the  Inhabitants  of  your  township  for  alledged  irregular- 


The  First  Acting-Governorship.  279 

ities  in  the  transaction  of  your  business  as  a  Justice  of  the 
Peace. 

It  is  unnecessary  for  me  to  recapitulate  those  charges, 
as  I  am  very  certain,  that  if  true  they  have  arisen  from 
accidental  inadvertence  rather  than  from  a  disposition  to 
injure  and  oppress. 

The  angry  and  vindictive  passions  have  so  long  imbit- 
tered  the  social  intercourse  and  preyed  on  the  domestic 
quiet  of  your  Village  that  it  has  become  perhaps  impossible 
to  escape  that  censure  which  is  equally  the  lot  of  every 
man  who  has  the  least  intercourse  with  his  neighbours. 

I  do  not  wish  to  prescribe  to  you  duties  which  arise  out 
of  the  Laws;  it  is  your  Province  to  expound  those  Laws, 
and  indeed  you  are  under  a  sacred  obligation  to  do  so. 
But  permit  me  to  advise  a  reflection,  a  Method  a  Correct- 
ness in  whatever  public  business  you  transact  And  above 
all,  let  me  entreat  you  not  to  decide  on  cases,  in  which 
either  yourself  or  your  near  Relations  have  an  interest: 
for  on  such  occasions  however  blameless  and  irreproach- 
able your  conduct  may  be,  it  will  afford  matter  of  distrust 
and  perhaps  of  misrepresentation. 

I  do  not  ask  an  explanation  of  what  is  past.  The  Law286 
under  which  you  are  acting  is  complex  and  difficult  to  be 
accurately  retained  in  memory.  I  beg  you  then  to  read 
it  with  attention,  and  your  love  of  justice,  will,  I  am  very 
sure,  enable  you  to  execute  it  with  honor  to  yourself,  and 
for  the  general  good  of  the  township.  If  the  business 
should  require  the  appointment  of  another  Justice,  a  com- 
mission shall  be  transmitted  to  some  gentleman  in  whom 
the  People  have  confidence. 

286  For  laws  concerning  justices  of  the  peace,  see  Mo.  Territorial  Laws, 
I,  143,  167,  171-178. 


280         The  Life  and  Papers  of  Frederick  Bates. 

TO  ALBERT  GALLATIN 
Sm  St.  Louis  Feby  9.  1808 

I  have  the  honor  to  enclose  copies  of  sundry  Papers  in 
relation  to  the  Lead  Mines.  The  Claims  of  Major  Seth 
Hunt  have  excited  much  alarm  among  those  Persons  inter- 
ested in  similar  speculations,  and  a  general  curiosity  among 
all  descriptions  of  People. 

Authenticated  transcripts  of  the  Records  on  wch.  his 
pretension  are  founded,  have  been  obtained  from  the 
Offices  at  Kaskaskia.  Mr.  Carr,  who  is  now  investigating 
them  will,  he  tells  me,  lay  the  results  of  his  enquiries 
before  you.  The  grant  locates  these  lands;  but  it  is  said, 
that  they  have  never  been  surveyed,  without  which  I  pre- 
sume, the  title  cannot  be  complete.  But  even  admitting  it 
to  be  so,  there  are  points  upon  which  it  is  not  my  province 
to  decide;  and  until  it  be  recognized  by  the  proper 
authority,  I  shall  deem  it  my  duty  to  prevent  the  survey, 
and  if  an  establishment  should  be  attempted,  to  consider 
both  Major  Hunt  and  his  Tenants  as  Intruders.  — 

This,  however  I  do  not  apprehend;  for  I  have  his  prom- 
ises to  do  nothing  in  violation  of,  or  in  opposition  to  the 
Laws.  — 

The  Letter  of  Colo.  Mathers  will  give  you  some  idea 
of  the  arrogant  views  of  Colo.  Smith,  and  the  rapacious 
extremes  into  which  he  is  hurried  by  that  Mineral-Mania, 
which  appears  totally  to  have  disordered  the  understand- 
ings of  his  faction.  If  the  extraordinary  grant  of  which 
he  has  possessed  himself  did,  contrary  to  all  just  reasoning 
on  the  subject,  justify  him  in  surveying  vacant  lands, 
surely  it  vests  him  with  no  power  to  interfere  with  the 
public  establishments  of  the  U.  States. 


The  First  Acting-Governorship.  281 

The  present  method  of  mining  is  improvident  and 
wasteful.  The  diggings  are  seldom  more  than  20  feet  deep ; 
the  earth  is  thrown  confusedly  on  the  adjacent  surface,  and 
future,  regular  operations  will  be  greatly  impeded  by  that 
haste  and  wantonness  apparent  in  the  conduct  of  the 
present  intruders. 

Those  at  first  desirous  of  taking  leases  and  making  an 
amicable  compromise  with  the  government  have  been 
deterred  from  doing  so,  and  I  am  entirely  convinced  that 
nothing  can  be  done  except  by  strong  and  forcible  measures. 

I  have  also  to  enclose  the  copy  of  a  writ  for  the  removal 
of  John  Harvey.287  He  had  information  of  the  Process 
and  removed  from  the  Premises  before  the  arrival  of  the 
Sheriff. 

I  beg  your  attention  to  a  correspondence  with  Moses 
Austin,  in  relation  to  a  road,  thro'  the  public  lands  from 
Mine  A  Breton  to  the  mouth  of  the  Joachim.  A  better 
road  can  be  made  thro '  that  part  of  the  country,  and  nearer 
by  twenty  five  miles  than  in  any  other  direction.  St.  Gene- 
vieve has  heretofore  been  the  Depot  for  lead.  The  contem- 
plated village  of  Herculaneum  at  the  mouth  of  the  Joachim 
will,  I  think  be  preferable  in  many  respects.  The  facility 
of  communication  with  the  grand  River  which  this  High- 
way would  afford,  is  conjectured  to  be  a  secondary  object; 
the  first,  I  have  no  doubt  is  the  establishment  of  a  new 
town  by  which  a  great  deal  of  expensive  transportation 
will  be  saved. 

The  Banks  of  the  Mississippi  are  generally  insecure, 
and  the  village  of  St.  Genevieve  has  retired  at  least  1% 

287  John  Harvey  was  a  resident  at  Bayou  St.  John  near  New  Madrid 
as  early  as  1792.  He  was  an  extensive  land  holder,  possessing  a  large 
frontage  on  the  Bayou  and  the  Mississippi  River. 


282         The  Life  and  Papers  of  Frederick  Bates. 

miles  to  avoid  the  inundation  of  the  Spring-Freshet.  The 
situation  of  Herculaneum  is  more  elevated,  and  occupies 
the  intermediate  space  between  two  rocky  Promontories 
which  will  forever  prevent  a  waste  of  the  Banks. 

The  People  some  time  ago  had  a  meeting  for  the  purpose 
of  addressing  government  on  the  subject  of  their  lands. 
They  agreed  on  a  memorial,  the  particular  objects  of  which 
have  been  concealed  from  those  concerned  in  the  adjustment 
of  Titles.  —  I  only  hear  that  they  complain  of  my  with- 
holding their  Papers.  As  I  have  on  this,  as  well  as  on 
some  other  subjects  been  mentioned  with  injurious  harsh- 
ness, I  beg  leave  merely  to  observe,  that  it  appears  to  be 
my  duty  by  the  Law  to  lay  the  claims  before  the  Board  of 
Commissioners.  —  The  original  evidences  no  doubt.  — 

If,  after  recording  the  Papers,  I  am  to  restore  them  to 
the  parties,  and  present  my  volumes  of  Eecords  only  to  the 
Board,  the  Agent  could  not  so  readily  as  under  the  existing 
arrangement  detect  fraud  and  antedate.  For  instance,  a 
concession  at  this  day,  made  use  of,  to  cover  a  valuable 
saline,  is  erased,  interlined,  and  altered  in  all  its  charac- 
teristic features:  The  name,  the  date,  the  locality  and  the 
number  of  acres  have  all  been  changed  to  promote  the 
views  of  the  present  holder. 

Messrs.  Lucas  &  Penrose  approve  the  course  which  I 
have  adopted.  — 

We  have  yet  made  no  decisions.  Our  time  has  been 
perhaps  better  employed  in  collecting  testimony  and  set- 
tling principles :  The  Application  of  those  principles  to 
particular  cases,  when  all  the  evidences  are  before  us,  will 
be  easy  and  expeditious. 

Thos.  F.  Eiddick  Esq  is  now  the  Clerk  of  our  Board. 
He  is  acknowledged  to  possess  intelligence,  promptitude 


The  First  Acting-Governor  ship.  283 

&  correctness,  and  is  I  have  no  doubt,  in  all  respects  well 
qualified  to  discharge  the  duties  of  the  office. 


TO  ALBERT  GALLATIN 

St.  Louis  12  Feby  1808 
Sir, 

I  have  this  day  taken  the  liberty  to  draw  on  your  depart- 
ment, in  favor  of  Messrs.  Falconer  &  Comegys,  at  five  days 
sight  for  the  sum  of  One  thousand  and  forty  eight  dollars 
in  full  for  my  salary  and  travelling  expenses  as  a  Com- 
missioner for  the  adjustment  of  titles  and  claims  to  lands 
in  the  territory  of  Louisiana  from  the  1st  day  of  July  till 
31st  Deer  1807. 

Two  circuits  were  made  during  this  period  to  and  from 
St.  Charles,  forty  two  miles;  to  and  from  St.  Genevieve, 
one  hundred  and  twenty  miles ;  —  which  as  well  as  my 
attendance  at  the  Board,  is  evidenced  by  the  enclosed  cer- 
tificate of  Messrs.  Lucas  &  Penrose. 


TO  HENRY  DEARBORN 

St.  Louis  Feby  13.  1808 
Sir, 

As  the  mail  is  just  closing,  and  I  cannot  sooner  than  two 
weeks  have  the  honor  of  communicating  certain  informa- 
tions from  the  upper  Country  I  beg  leave  hastily  to  repeat 
the  rumours  which  have  just  reached  us.  —  The  united 
tribes  of  Sacs  and  Foxes  have  lately  suffered  a  defeat  by 
the  Ottos,  Mahas2S8  and  Sieux.  —  Two  Lodges  of  the  Sacs  & 

sss  Omahas. 


284         The  Life  and  Papers  of  Frederick  Bates. 

eight  of  the  Foxes,  were  attacked  early  in  last  month  unex- 
pectedly, and,  as  it  is  said,  after  they  had  exchanged  their 
guns  for  horses. 

What  was  the  motive  for  this  unusual  and  extraordinary 
exchange,  I  am  at  a  loss  to  conjecture  unless  they  contem- 
plated a  journey  to  the  Lakes,  where  they  would  be  again 
supplied  with  fire  arms. 

Eeport  says  that  men,  women  and  children,  were  indis- 
criminately massacred,  and  that  but  eight  Foxes,  and  a 
very  few  of  the  Sacs  escaped  by  flight. 

Three  chiefs,  the  mournful  Messengers  of  this  Calamity 
have  just  arrived  —  They  have  only  been  spoken  with  gen- 
erally &  have  not  disclosed  particulars.  — 


JOHN  SMITH  T  TO  BATES 

Cannon  Mines  14th  Feby  1808. 

Sip, 

Hart  and  Mathers  under  the  lease  from  you  have  taken 
possession  of  my  land  at  Mine  A  Renalt  which  ground  I 
occupied  in  the  year  1806.  As  the  lease  particularly  ecepts 
to  inteferences  with  individual  claims  and  as  you  have 
given  instructions  to  them  concerning  the  claim  of  Mr.  A 
Henry  will  it  not  equally  comport  with  your  duty  [as]  a 
public  officer  to  direct  as  respects  mine  —  It  will  be  truly 
vexatious  to  go  to  law  with  Hart  and  Mathers  &  their  asso- 
ciates who  are  poor  indeed  from  whom  in  case  of  damages 
compensation  cannot  be  had 

I  here  with  inclose  you  a  deposition  which  will  prove  to 
you  that  under  you  those  men  mean  to  cover  themselves 
befriend  Hunt  and  perplex  me.    You  have  recorded  on  your 


The  First  Acting-Governorship.  285 

books  the  Grants  to  Capt.  St.  Vrain  under  which  the  title 
accrued  to  me.  The  man  who  gets  property  by  fair  pur- 
chase and  payment  ought  to  be  as  much  intitled  to  public 
protection  as  the  squatter  on  he  knows  not  whose  —  If 
after  having  purchased  I  have  to  contend  with  all  the 
dificulties  the  administration  can  throw  in  my  way,  I  must 
regret  my  misfortune  of  living  under  a  Territorial  Gover- 
ment  where  unheard  I  am  censured  and  untryed  found 
guilty.     .     .     . 

P.  S.    You  will  oblige  me  to  give  me  an  answer  to  this 
as  soon  as  mav  be  convenient. 


DEPOSITION  OF  RICHARD  HORN 

Teekitory  of  Louisiana 

At  the  request  of  William  Mathers  and  Michael  Hart 
personally  appeared  before  me  James  Austin  a  Justice  of 
the  peace  for  the  Township  of  Breton  District  of  St  Gene- 
vieve Richard  Horn  and  maketh  oath  deposeth  and  saith 
that  sometime  in  the  Month  of  January  this  deponent 
assisted  Mr  Edward  Cheatham  Samuel  Perry  and  Mr 
Vaughan289  to  survey  500  Acres  of  land  for  Col  John  Smith 
T.  and  Joseph  Brown  situated  on  and  including  the  Mine 
called  Renaut  on  which  Mesr  Mathers  and  Hart  reside  and 
the  said  Edward  Cheatham  did  with  an  ax  mark  the  corner 
trees  of  said  survey  by  blazing  them  in  the  same  way  as 
trees  are  generally  blazed 

This  deponent  further  saith  that  he  assisted  Edward 
Cheatham  in  the  Month  of  December  or  Jany  last  to  erect 

289  Probably  Thomas  Vaughan. 


286         The  Life  and  Papers  of  Frederick  Bates. 

the  Cabin  in  which  he  the  said  Cheatham  now  lives  near 
the  Mine  Renaut  that  since  that  time  the  said  Cheatham 
and  his  partner  Mr  Vaughan  by  themselves  or  their  hands 
have  continued  to  dig  and  smelt  lead  Mineral  —  and  this 
Deponent  also  states  that  he  saw  a  notification  put  up  by 
the  said  Edward  Cheatham  which  the  said  Cheatham  said 
was  put  up  by  the  order  of  Col  John  Smith  T.  and  the 
sd.  Cheatham  said  that  he  settled  under  Col  John  Smith. 
And  this  deponent  further  states  that  about  the  first  of  the 
present  February  he  saw  Edward  Cheatham  go  with  a  Cart 
to  take  away  mineral  dug  by  Robert  Wilcum  on  the  digings 
occupied  by  Messrs  Mathers  and  Hart  the  said  Cheatham 
went  with  the  cart  at  the  request  of  the  said  Wilcum  — 
Cheatham  said  he  would  take  away  the  Mineral  upon  which 
Mr  Hart  said  he  did  it  at  his  peril,  for  if  he  took  the 
Mineral  away  there  would  be  some  blood  spilt  upon  which 
Mr  Cheatham  replied  he  could  spill  as  much  blood  as  any 
man  —  And  this  deponent  further  states  that  he  has  since 
heard  the  said  Cheatham  say  that  he  would  take  the  min- 
eral dug  within  the  land  surveyed  for  Doct  Browne  and 
Col  Smith  by  the  hands  of  Messrs  Mathers  and  Hart  — 
And  this  deponent  further  states  that  he  heard  Col  John 
Smith  T.  declare  that  he  would  take  all  the  mineral  above 
the  Ground  at  the  Mine  of  Renaut.  —  further  this  Deponent 
saith  not 

his 
Test  David  Smith  Richard  Horn 

Mark 

Sworn  to  before  me  this  16th  Day  of  February  1808 

James  Austin  J.  P. 


The  First  Acting-Governorship.  287 

DEPOSITION  OF  DAVID  SMITH 

Territory  of  Louisiana 

At  the  request  of  William  Mathers  and  Michael  Hart 
personally  appeared  before  me  James  Austin  a  Justice  of 
the  peace  for  the  Township  of  Breton  District  of  St  Gene- 
vieve David  Smith  who  lives  at  the  Mine  of  Renault  and 
made  oath  and  deposeth  that  some  time  in  the  Month  of 
January  last  past  he  saw  Edward  Cheatham  with  two  other 
persons,  one  of  whom  he  has  since  understood  was  a  Mr 
Vaughn  surveying  round  the  place  called  the  Mine  of 
Renault  the  said  Cheatham  carrying  something  in  his  hand 
by  which  as  this  deponent  then  believed  to  ascertain  the 
cources,  and  the  other  two  persons  carrying  the  chain  and 
appeared  to  be  measuring  as  they  went 

This  deponent  also  states  on  oath  that  on  the  day  of 
this  survey,  the  said  Edward  Cheatham  put  up  on  a  stump 
oposite  the  Cabin  in  which  Messrs  Mathers  and  Hart 
reside  a  notification  signed  by  Joseph  Brown  &  John  Smith 
T  stating  that  they  had  an  indesputed  title  to  five  hundred 
acres  of  Land  adjacent  to  and  including  a  Cabin  occupied 
by  the  said  Edward  Cheatham  and  forewarning  all  persons 
from  tresspassing  on  said  premises  as  they  would  be  prose- 
cuted 

This  deponent  also  states  that  since  the  fourth  day  of 
March  1807  &  as  well  as  this  deponent  recollects  in  the 
Month  of  January  last  past  Edward  Cheatham  erected  a 
Cabin  on  or  near  to  the  Mine  called  the  Mine  of  Renault 
in  which  he  now  resides  and  since  that  time  by  himself  or 
his  hands  hac  continued  to  dig  &  smelt  mineral  within  the 


288         The  Life  and  Papers  of  Frederick  Bates. 

aforementioned  bounds  surveyed  by  the  said  Cheatham  and 
others  &  further  this  Deponent  saith  not. 

David  Smith 

Sworn  to  before  me  this  16th  Day  of  February  1808 

James  Austin  J.  P. 


DEPOSITION  OF  CHRISTOPHER  NEWCOMER 

Territory  of  Louisiana 

At  the  Request  of  William  Mathers  and  Michael  Hart  — 
Personally  appeared  before  me  James  Austin  a  Justice 
of  the  Peace  for  the  Township  of  Breton  District  of  Saint 
Genevieve  Christopher  Newcomer  living  at  the  Mine 
Renaut  and  makes  Oath  and  deposeth  that  about  the 
Middle  of  Jany  he  saw  Edward  Cheetham  &  two  other 
persons  going  along  near  to  the  digings  at  Mine  Renaut 
appearing  to  be  surveying  and  soon  after  on  the  same  day 
he  saw  a  notification  posted  up  on  the  stump  of  a  tree 
signed  by  John  Smith  T.  and  Joseph  Browne  dated  as  well 
as  he  can  recollect  on  the  13th  day  of  Jany  1808  fore- 
warning all  persons  from  tresspassing  on  the  500  acres  of 
Land  at  Mine  Renaut  to  which  they  had  a  title. 

And  this  deponent  further  states  that  he  saw  Edward 
Cheetham  accompanying  Robert  Wilkham  who  came  with 
a  cart  to  take  away  the  Mineral  dug  by  the  said  Wilkham 
at  the  digings,  occupied  by  Col.  Mathers  &  Esqr  Hart. 
Wilkham  and  Smith  who  dug  Mineral  in  partnership  were 
disputing  about  the  Mineral.  Mr  Hart  forbid  Wilkham 
to  remove  the  Mineral  from  his  ground.  Mr  Cheetham  said 
he  would  be  damned  if  he  did  not  take  it  &  see  who  would 


The  First  Acting-Governorship.  289 

prevent  him.  Mr.  Hart  replied,  if  he  did  take  it  there 
should  be  some  human  blood  spilt.  Cheetham  said  he  could 
spill  as  much  blood  as  any  man.  After  some  high  words 
Cheetham  ordered  the  cart  away  without  taking  the  Min- 
eral.   &  further  this  deponent  saith  not. 

Christopher  Newcomer 

Sworn  to  before  me  this  16th  day  of  February  1808 

James  Austin  J.  P. 


DEPOSITION  OF  WILLIAM  R.  BECKETT 

Territory  of  Louisiana 

At  the  Request  of  William  Mathers  &  Michael  Hart  — 
Personally  appeared  before  me  James  Austin  a  Justice 
of  the  Peace  for  the  Township  of  Breton,  District  of  St. 
Genevieve  William  Beckett  living  at  the  Mine  Eenaut  & 
maketh  oath  &  deposeth  —  That  on  or  about  the  middle  of 
January  last  past  he  saw  Edward  Cheetham,  Mr.  Vaughn 
and  Eichard  Horn  surveying  land  above  the  digings  of 
Mesr  Mathers  &  Hart  about  a  quater  of  a  mile  from  the 
cabin  occupied  by  them  at  the  Mine  Renaut  he  plainly  saw 
them  with  the  chain  and  tally  Rods  and  they  continued 
surveying  from  the  place  where  they  appeared  to  make 
one  of  the  corners,  nearly  a  west  course  and  run  in  sight 
of  this  Deponent  about  forty  or  fifty  Rods. 

This  deponent  also  testifies,  That  on  the  same  day  of 
the  survey,  he  saw  and  read  a  notification  Posted  up  [on] 
a  Stump  near  to  the  Cabin  occupied  by  Mesr  Mathers  and 
Hart  signed  by  John  Smith  T.  &  Doctr  Browne  forewarning 
all  persons  from  trespassing  on  the  500  acres   of  land, 


290         The  Life  and  Papers  of  Frederick  Bates, 

adjoining  &  including  the  Cabin  occupied  by  Edward 
Cheetham  at  the  Mine  Eenaut  to  which  they  had  an 
undoubted  or  undisputed  title  or  they  would  be  prose- 
cuted. — 

This  deponent  further  states  that  he  was  present  when 
Mr  Edward  Cheetham  followed  a  Cart  to  take  away  the 

"X. 

mineral  dug  by  Robert  Wilkham  &  Hanks290  at  the  Digings 
occupied  by  Mesr  Mathers  &  Hart  at  the  Mine  Renaut — 
some  dispute  arose  between  Smith  &  Wilkham  concerning 
the  Mineral.  Mr  Hart  replied  that  the  Mineral  could  not 
be  removed  or  taken  from  the  Land  even  if  there  was  no 
dispute  between  them  that  he  had  a  lease  of  the  Land  from 
the  Government  and  that  he  was  accountable  to  the  Gov- 
ernor for  the  Mineral  mined  and  he  would  not  suffer  it  to 
be  taken  away.  Mr  Cheetham  said  he  would  take  it  away 
and  see  who  would  hinder  him.  Mr  Hart  said  if  he  took 
the  Mineral  off,  it  would  be  at  the  expense  of  human  blood. 
Cheetham  replied  he  would  spill  as  much  blood  as  any 
man  —  much  conversation  took  place  during  which  Cheet- 
ham observed  that  he  had  liberty  from  Col  Smith  to  dig  at 
any  place  within  his  500  acres  at  Mine  Renaut  &  to  smelt 
the  Mineral  &  that  he  was  welcome  to  all  the  profit  —  this 
dispute  took  place  between  the  20th  or  30th  of  January 
past  as  nearly  as  this  deponent  recollects  and  further  this 
deponent  saith  not. 

Wm  R  Beckett 

Sworn  to  before  me  this  16th  Day  of  February,  1808 

James  Austin  J.  P. 

~'->o  Joseph  Hanks,  purser  of  the  Mounted  Riflemen,  during  the  War 
of  1812. 


The  First  Acting-Governorship.  291 

DEPOSITION  OF  JOSEPH  A.  PARSONS 

Territory  of  Louisiana 

At  the  request  of  William  Mathers  and  Michael  Hart  — 
Personally  appeared  before  me  James  Austin  a  Justice 
of  the  peace  for  the  Township  of  Breton  District  of  Saint 
Genevieve  Joseph  Parsons,  who  lives  at  the  Mine  Eenaut 
and  made  oath  and  deposeth  that  on  or  about  the  13th  day 
of  Jany  last  past,  he  saw  Samuel  Perry  near  to  the  Cabin 
occupied  by  Messrs.  Mathers  &  Hart,  with  a  Compass 
under  his  left  arm  accompanied  by  Mr.  Edward  Cheetham, 
Mr  Vaughn  and  one  other  person  (one  of  them  carrying 
an  axe)  and  appeared  to  have  been  surveying  land,  &  this 
deponent  soon  after  coming  near  to  the  Cabin  of  Mesr 
Mathers  &  Hart  saw  a  notification  posted  up  on  the  Stump 
of  a  Tree,  signed  by  John  Smith  T.  and  Joseph  Browne, 
bearing  date  the  13th  of  Jany  1808,  stating  that  they  had 
an  undoubted  title  to  500  acres  of  land  at  Mine  Eenaut, 
near  to  and  including  a  Cabin  occupied  by  Edward  Cheet- 
ham forewarning  all  persons  from  trespassing  on  the 
same  or  they  would  be  prosecuted  — 

And  this  Deponent  further  saith  that  he  saw  Edwd  Cheet- 
ham following  a  Cart  to  take  away  the  mineral  dug  by 
Eobt  Wilkham  at  the  Mine  Eenaut  on  land  occupied  by 
Mesr  Mathers  &  Hart  under  a  Lease  from  the  Government. 
Mr.  Hart  forbid  Wilkham  removing  the  mineral.  Mr. 
Cheetham  observed  he  would  remove  it  and  see  who  would 
prevent  him.  Mr  Hart  replied  he  had  better  not  attempt 
it  —  it  was  his  property  —  and  if  he  did  remove  it  it  would 
be  at  the  loss  of  Human  blood.  Cheetham  replied  that  he 
could  spill  as  much  blood  as  any  man  —  at  this  time  Cheet- 
ham said  he  had  leave  from  Col  Smith  to  dig  and  smelt 


292         The  Life  and  Papers  of  Frederick  Bates. 

mineral  at  any  place  within  his  500  acres  at  Mine  Renaut 
and  that  he  was  welcome  to  all  the  profit.  — 

And  this  deponent  further  states  that  he  heard  Edward 
Cheetham  say  that  the  first  diging  which  he  made  at  Mine 
Kenaut,  was  during  last  Summer  —  &  he  further  states  that 
it  was  between  the  4th  &  15th  of  January  last  past  that  the 
said  Edwd  Cheetham  erected  the  Cabin  at  Mine  Eenaut  in 
which  he  is  now  living  &  further  this  deponent  saith  not  — • 

Jos.  A  Parsons 
Sworn  to  before  me  this  16th  Day  of  February  1808 

James  Austin.  J.  P. 


DEPOSITION  OF  SETH  HUNT 

Territory  of  Louisiana 

Personally  appeared  before  me  James  Austin  a  Justice 
of  the  Peace  for  the  Township  of  Breton  District  of  Saint 
Genevieve  Major  Seth  Hunt  at  present  at  Mine  a  Burton 
who  being  duly  sworn  deposeth  and  saith  that  on  the  18th 
or  19th  day  of  last  month  he  was  at  the  new  discovered 
mine,  called  Smith's  mine  —  situate  about  3  miles  northerly 
from  The  Old  Mines  and  about  one  mile  East  from  the 
Creek  now  called  the  Old  Mine  Fork  where  he  saw  the  two 
Spencers291  &  several  other  persons  diging  mineral,  under 
permission  as  they  stated  from  Col  John  Smith  T.  who 
they  said  had  a  claim  thereto  —  which  place  and  mine  this 
Deponent  was  informed  and  verily  believes  was  first  dis- 
covered and  opened  during  the  last  Summer  by  Joseph 
Brewer  —  since  which  time,  it  has  been  claimed  and  taken 
possession  of  by  the  said  John  Smith  T.  or  by  some  person 

29i  Probably   Benjamin   and    Thomas   Spencer,    early   settlers   on   the 
Grand  Glaise. 


The  First  Acting-Governorship.  293 

or  persons  under  his  direction  &  authority  in  violation  of 
the  posative  prohibition  of  a  Law  of  Congress  to  the  con- 
trary. 

And  this  deponent  further  declares  and  verily  believes 
that  some  time  since  the  15th  day  of  Jany  last  past  John 
Smith  T.  has  given  possession  of  this  Mine  a  Robina  unto 
Wm  Hinkston292  by  a  Lease  in  which,  the  said  Hinkston  has 
declared  that  the  said  Smith  has  bound  himself  to  warrant 
&  defend  him  in  possession  against  the  claims  of  all  per- 
sons whatsoever,  the  Government  of  the  U.  States  not 
excepted  —  for  four  years,  from  and  after  the  month  of 
January  past  —  &  this  deponent  has  heard  and  verily 
believes,  that  the  said  Wm  Hinkston  is  now  in  possession 
&  that  he  has  had  hands  on  the  said  Mine  of  Robina  diging 
Mineral  in  violation  of  Law  — 

And  this  deponent  has  heard  and  verily  believes  that 
Robt  S.  Browne,  has  lately  taken  possession  of  land  on 
which  there  is  Mineral  and  that  he  is  now  erecting  a  house 
in  which  he  intends  to  reside  in  violation  of  law  &  in  con- 
tempt of  the  public  authority  of  the  Territory  — 

Seth  Hunt  (Seal) 
Sworn  to  this  17th  day  of  February  1808  Before  me.  — 

James  Austin  J.  P. 


WILLIAM  MATHERS  TO  BATES 
Deak  Sir  Mine  a  Renaut  Feby  17tn  1808 

We  received  your  favour,  of  the  7th  Inst,  by  Major  Hunt, 
since  our  last,  Edward  Cheetham  with  a  party  of  four  men, 

292  He  had  a   Spanish  grant  in  the  uplands  near  Brazeau  Creek  in 
modern  Perry  County. 


294         The  Life  and  Papers  of  Frederick  Bates. 

sweetly  armed,  with  Knives,  Dirks,  &  Pistols,  came  to  our 
diggings  with  a  Cart  to  carry  off  the  mineral  Dug  by  a 
certain  Wilcom.  .  .  ,293  but  the  want  of  force  pre- 
vented his  seizing  &  taking  it,  being  chagrined  &  disap- 
pointed for  having  to  take  back  his  Cart  empty.  He  went 
immediately  for  Colo.  John  Smith  who  came  with  a  Noted 
Desperado  His  intimate  friend  &  companion  in  all  haz- 
ardous enterprises  they  passed  by  our  Cabbin  about  7,  or 
8,  O'Clock  at  Night  but  did  not  molest  us  perhaps  for  fear 
of  a  superior  force  but  the  same  night  He  went  to  the 
Mine  a  Burton  &  the  New  diggings  as  Cheetham's  Men 
told  Ours,  to  Collect  a  larger  Party  to  drive  or  kill  us, 
and  take  our  Mineral,  being  alarmed  for  our  lives  and 
property  we  instantly  went  and  collected  what  Arms  we 
could,  for  our  protection,  But  the  intelligence  of  our  prep- 
arations, probably  detered  them,  from  puting  their  threats 
into  execution.  We  have  thought  it  our  duty  as  Men  and 
as  Citizens  who  wishes  to  respect  the  laws  of  Our  Country 
to  take  the  Deposition  of  five  of  the  men  who  have  been  at 
work  at  our  diggings  which  we  herewith  transmit  for  your 
further  information  on  the  subject,  we  might  have  proved 
much  more  but  few  Men  are  willing  to  volunteer  in  such 
matters,  without  compulsory  process,  but  it  may  be,  what 
We  have  proved,  will  be  sufficient  grounds  to  shew  the 
licentiousness  of  certain  Characters  in  our  part  of  the 
country  by  whom  we  have  been  so  much  pestered  and  in- 
terupted  in  a  variety  of  ways  that  we  have  not  been  able  to 
attend  to  our  necessary  business,  but  we  rest  satisfied  with 
the  Idea  of  the  Timely  interference  of  the  Government  of 
the  Territory  — 

293  The  manuscript  is  mutilated  here. 


The  First  Acting-Governorship.  295 

SETH  HUNT  TO  BATES 

Mine  a  Burton  18th  Feby  1808 
Sir, 

In  consequence  of  the  several  conversations  that  I  had 
with  you  while  at  Saint  Louis  and  the  Respect  which  I  owe 
to  the  Constituted  Authorities  of  the  Country,  as  well  as 
the  great  Interest  that  I  feel  in  having  the  Laws  (relative 
to  the  public  Lands)  preserved  inviolate  —  I  have  felt  it 
incumbent  on  me  to  present  to  your  Notice,  some  of  the 
tresspasses  that  have  recently  been  committed  on  what 
may  yet  be  considered  by  the  Government  as  the  Publick 
Land  &  Lead  Mines  —  I  have  therefore  inclosed  my 
affidavit,  containing  a  statement  of  some  facts  which  have 
come  to  my  knowledge  supposing  that  they  will  be  suffi- 
cient, together  with  the  facts  already  communicated  by 
Messrs  Mathers  &  Hart,  on  which  to  ground  an  enquiry, 
remarking  in  addition  thereto  that  many  settlements  are 
now  daily  making  in  various  quaters  of  this  district,  par- 
ticularly on  the  waters  of  Grand  River  &  in  the  Neighbor- 
hood of  the  Mines  —  These  are  made  in  violation  of  Law 
and  in  open  defiance  and  contempt  of  the  public  author- 
ities —  whom  they  view  as  either  unable  or  fearful  of 
enforcing  the  Laws  — 

Some  of  the  Individuals  who  have  committed  these 
unlawful  acts,  have  been  stimulated  thereto  by  the  prom- 
ises of  protection,  which  they  have  received  from  John 
Smith  T.  and  Joseph  Browne  —  while  others  have  been  led 
on  by  the  expectation,  that  the  Resolutions  of  Mr.  Rhea  of 
Tennessee  will  be  adopted  by  Congress  —  and  in  antici- 
pation of  that  event,  several  Individuals  have  within  these 
few  days  past  seized  on  some  of  the  best  Land  in  the  Dis- 


296         The  Life  and  Papers  of  Frederick  Bates. 

trict,  at  a  place  called  Newfoundland  —  persuading  them- 
selves that  they  will  be  eventually  confirmed  to  them  — 

If  these  and  other  similar  acts  are  countenanced  or  their 
authors  suffered  to  proceed  with  impunity  —  in  twelve 
Months,  there  will  not  be  a  valuable  Tract  of  Land  within 
the  settled  parts  of  this  District  unoccupied.  — 

This  is  a  subject  of  great  and  serious  importance,  in 
which  the  Rights  and  Interests  of  Individuals,  as  well  as 
the  Government  are  deeply  involved  —  it  is  a  subject,  that 
merits  the  strictest  investigation  —  it  is  expected  and 
solicited  by  the  quiet  and  sober  part  of  the  Citizens  and 
will  I  flatter  myself  be  had  —  At  all  events,  I  have  dis- 
charged the  duty  which  I  owe  to  the  Government  and  its 
Agents  —  it  now  remains  for  them  to  take  such  Measures, 
as  will  correct  the  evils  already  experienced  and  prevent 
in  future,  the  unlawful  waste  and  destruction  of  both  public 
and  private  property.  — 

I  beg  you  to  be  assured  of  my  determination  faithfully 
and  rigidly  to  observe  the  Laws  and  in  all  things  to  con- 
form myself  to  the  established  regulations  of  the  Govern- 
ment, on  whose  justice  and  good  faith  I  most  confidently 
rely  for  the  establishment  of  my  just  Rights  — 

Accept  my  sincere  wishes  for  the  preservation  of  Peace, 
Good  Order  and  Tranquility  in  the  Territory.     .     .     . 


DEPOSITION  OF  CHRISTY  ROMIN 

Burton  Township  19th  Feby  1808 

Personally  Came  before  me  a  Justice  of  the  peace  for  scl 
Township.  Christy  Romine294  and  was  sworn  according  to 

294  in  1798  Romin  was  a  settler  on  Mill  Creek  in  the  District  of  St. 
Charles. 


The  First  Acting-Governorship.  297 

law.  Saith  that  he  happened  in  Conversation  with  Col. 
Mathers  and  he  told  him  that  he  was  better  pleased  with 
the  terms  of  Mr  Hunt  than  that  he  held  under  the  public 
and  that  he  had  got  it  from  Mr  Hunt  for  the  term  of  three 
years  and  at  the  expiration  of  that  time  had  the  promise 
of  it  for  any  term  of  years  he  wished  to  retain  it  the  above 
Conversation  was  with  respect  to  the  place  Col.  Mathers 
now  lives  on 

Christy  Romin 
Sworn  before  me  the  day  aforesaid. 

John  Perry 


BATES  TO  GEORGE  HOFFMAN 
rjR   glB  St.  Louis  23  Feby  1808 

Yes  the  union  of  the  Traders  in  the  upper  Country,  was 
long  since  known  to  us.  The  individual  opposition  which 
formerly  existed  would  have  made  bankrupts  of  all  of  them. 
They  will  now  leave  nothing  unattempted.  The  union  of 
Capital  and  of  Counsels  will  enable  them  to  act  with  much 
more  efficiency. 

Mr  Aird295  is  spoken  of  here,  as  concerned  in  this  Cana- 
dian Company.  His  Oath  however,  a  copy  of  which  I  send 
you  puts  a  very  solemn  negative  on  these  assertions.  It 
is  probable  that  he  will  be  questioned,  on  his  return. 

I  am  sorry  to  hear  of  the  diminution  of  your  emoluments. 
Standing  as  you  do,  on  very  high  ground  at  Washington, 
it  would  not  be  difficult  I  should  think  for  you  to  make  an 
advantageous  exchange.  I  fear  you  made  a  sacrifice  in 
going  to  Detroit,  and  perhaps  afterwards  in  leaving  it. 

295  James  Aird. 


298         The  Life  and  Papers  of  Frederick  Bates. 

Your  friend  Campbell  has  been  appointed  an  Indian 
Agent.  He  is  now  on  his  way  to  this  place  with  Gov  Lewis, 
and  will,  it  is  probable  ascend  the  Mississippi  with  the  first 
navigation.     .     .     . 

I  lately  saw  your  old  acquaintance  Wm.  Rector.296  He  & 
several  of  his  brothers  are  now  surveying  the  Lands  in  the 
Indiana  Territory  adjacent  to  this  place.  Thos.  F.  Rid- 
dick,  once  I  believe  known  to  you  at  Chilicothe  has  for  some 
years  resided  in  St.  Louis.  He  was  an  active  opponent  of 
the  measures  of  Gov  Wilkinson  &  deprived  of  his  office 
of  Clk  of  the  Com  Pleas  &  to  which  he  has  been  lately 
restored.  We  have  also  appointed  him  Clk  of  the  Board 
of  Corns.    I  know  few  men  of  sounder  understanding. 

Judge  Meigs297  has  I  find  been  declared  inegible  to  the 
Govt  of  Ohio.  Will  he  not  probably  resign  his  office  in 
Michigan? 


to  william  Mcdowell  scott298 

Dr   gm  St.  Louis  Feby  23.  1808 

The  return  of  Mr.  La  Croix  enables  me  to  thank  you  for 
your  friendly  communication  from  Chicago.  I  should 
before  have  done  so  had  not  the  extreme  irregularity  of 

296  William  Rector  was  born  in  Farquier  County,  Virginia.  He  was 
the  eldest  of  nine  sons  and  four  daughters.  The  family  settled  at  Kas- 
kaskia  in  1806  but  soon  moved  to  St.  Louis.  In  1812  Rector  participated 
in  the  attack  upon  the  Peoria  Indians.  In  1817  he  was  appointed  United 
States  surveyor  general  for  Illinois  and  Missouri.  ^ 

297  Return  J.  Meigs  was  born  at  Middleton,  Connecticut,  in  1769.  He 
practiced  law  at  Marietta,  Ohio,  and  was  prominent  in  governmental 
affairs.  He  served  as  a  territorial  judge  and  as  chief  justice  of  the 
supreme  court  of  Ohio.  He  was  appointed  commandant  of  St.  Charles  Dis- 
trict in  1804.  He  also  served  as  a  judge  in  Michigan  Territory.  He 
returned  to  Ohio  and  was  elected  to  the  United  States  senate,  but  resigned 


The  First  Acting-Governorship.  299 

our  mails  rendered  it  doubtful  when  a  letter  might  reach 

you. 

The  Maekinac-conversations  which  you  repeat  to  me, 
with  respect  to  the  facility  with  which  foreigners  gain  an 
admission  into  the  Missouri,  are  certainly  predicated  on 
no  very  favorable  opinion  of  my  honor.  Such  reports  are 
most  unpleasant  and  disagreeable ;  but  I  feel  them  to  be  so 
destitute  of  truth  that  it  is  not  possible  for  them  to  have 
an  effect  beyond  the  malignant  hour  in  which  they  were 
conceived  and  perish.  In  this  business,  I  have  ever  prac- 
tised a  forbearance  and  self  denial  unknown  to  my  Prede- 
cessors. They  always  received  a  fee  of  $10  or  $15  for  the 
License  &  it  was  conformable  to  ' Spanish  usage'  which  has 
not,  that  I  know  of,  been  repealed.  It  became  Eepublican 
Agents  to  set  an  example  to  the  Country  and  never  to  put 
their  fingers  into  the  pockets  of  the  People,  unless  when 
warranted  by  the  letter  of  the  Statute. 

I  have  seen  the  angry  and  even  virulent  string  of  charges 
against  Gov  Hull  and  Judge  Woodward.  Such  is  the  fate 
of  almost  all  the  territorial  officers :  and  it  would  be  some- 
thing like  vanity  and  presumption  to  hope  an  exemption 
from  those  calumnies  to  which  all  are  alike  obnoxious.  It 
is  manifest  however,  that  in  the  instance  before  us,  a  few 
rays  of  truth  are  collected,  to  give  life  and  animation  to  a 
heterogenious  mass  of  falsehood. 

I  was  happy  to  hear  of  your  appointment  to  the  office  of 
Marshal.  The  public  expectation  appeared  to  have  marked 
you  out  for  that  employment  before  I  left  the  country  — 

in  1810  and  was  elected  governor.     He  held  the  office  of  postmaster-gen- 
eral of  the  United  States,  1814-1823. 

sas  Scott  came  to  Indiana  Territory  in  1800.     He  occupied  a  judicial 
position  in  Michigan  Territory  for  some  time. 


300         The  Life  and  Papers  of  Frederick  Bates. 

I  hope  you  find  it  profitable.  —  In  our  quarter,  there  are, 
at  present  no  rumours  of  Indian  hostility.  Our  fears,  as 
well  as  our  hopes  are  future  and  distant.  We  are  now- 
threatened  with  a  visitation  in  the  spring. 

The  hardy  Americans  by  whom  our  Frontiers  are 
defended,  would  desire  no  better  amusement  than  repelling 
their  inroads.  —  Gov  Lewis  is  every  day  expected. 

It  is  now  nearly  11  months,  since  the  Executive  burthens 
have  rested  on  shoulders  too  weak  to  sustain  them,  and  I 
shall  hail  the  arrival  of  his  Excellency  as  a  day  of  rest  and 
jubilee.    .     .     . 


TO  JAMES  ABBOTT299 

St.  Louis  Feby  23d.l808. 
Dr.  Sir, 

Altho '  I  have  nothing  to  say,  I  cannot  neglect  the  oppor- 
tunity which  the  politeness  of  Mr.  La  Croix  affords  of 
renewing  to  you  those  assurances  of  friendship  which  I 
have  formerly  made. 

Battle  and  contest  appear  as  necessary  in  political 
Affairs,  as  the  war  of  the  Elements  in  the  natural  world. 
I  had  hoped  that  the  party  strife  which  formerly  imbittered 
social  intercourse  in  your  territory,  must  have  had  an  end ; 
and  that  peace  and  unanimity  would,  ere  this,  have  been 
restored.  But  the  public  prints,  as  well  as  the  letters  of 
some  of  my  friends,  convince  me  that  you  are  destined  to 
suffer  those  political  struggles,  from  which  no  one  of  the 
territories,  has  yet  been  so  fortunate  as  to  escape. 

In  such  factious  disputes,  whoever  may  have  been  right 
in  the  commencement,  all  become  wrong,  as  interest,  and 

290  Then  a  district  judge  at  Detroit. 


The  First  Acting-Governorship.  301 

passion  and  party  spirit  gain  strength,  and  take  place  of 
truth  &  justice. 

We  have  made  but  little  progress  in  the  adjustment  of 
Land  Claims.  Our  time  has  been  principally  occupied  in 
collecting  testimony  and  settling  principles.  In  the  month 
of  May  we  shall  set  out  on  a  circuit  of  near  1000  miles 
which  it  is  expected  will  continue  the  greater  part  of  the 
summer.     .     .     . 

Many  of  the  People  of  Louisiana,  are  anxious  for  the  2d 
grade  of  government.300  I  most  sincerely  wish  that  they 
were  gratified ;  because  the  present  grounds  of  party  differ- 
ence would  be  thereby  done  away,  and  the  Laws  would, 
without  doubt,  be  better  suited  to  the  local  circumstances 
of  the  country,  with  which  it  is  not  possible  that  the  Gov- 
ernor and  Judges  should  be  minutely  acquainted. 


TO  AUGUSTUS  B.  WOODWARD 

St.  Louis  23d  Feby  1808 
Sir, 

Mr.  La  Croix  tells  me  that  he  accompanied  you  to  the 
river  Raison  where  it  was  probable  you  would  reside  for 
a  few  months.  I  am  not  at  all  surprised  that  you  should 
find  such  a  relaxation  necessary,  from  labors  to  which 
Stoicism  itself  would  appear  to  me  unequal. 

It  has  given  me  much  pain  to  see  in  the  public  Prints  the 
absurd  accusations  made  by  the  discontented  of  Michigan 
against  Gov  Hull  and  yourself.     The  President  will  not  I 

3oo  Not  until  June  4,  1812,  when  the  Territory  of  Louisiana  became 
Missouri  Territory,  was  the  region  raised  to  a  territory  of  the  second 
grade.     Floyd  Calvin  Shoemaker,  Missouri's  Struggle  for  Statehood,  31. 


302         The  Life  and  Papers  of  Frederick  Bates. 

hope  be  mislead  by  such  clamour.  But  when  once  it  becomes 
fashionable  to  institute  an  enquiry  in  the  House  of  Reps, 
on  every  common  and  slight  occasion,  it  may  be  the  fate 
of  the  best  man  in  society  to  suffer  persecution.  Baseness 
and  Fraud  may  arraign  Integrity  and  Honor  —  and  there 
may  be  found  persons  in  that  illustrious  body  easily  pre- 
vailed upon  to  give  the  most  virtuous  and  upright  public 
officer  a  great  deal  of  unnecessary  trouble  in  the  manifes- 
tation of  that  innocence  which  ought  never  to  have  been 
questioned. 

The  Representatives  of  the  People  are  'wide  awake'  to 
the  abuses  of  the  public  agents,  and  in  their  zeal  to  correct 
the  wrong  it  is  sometimes  possible  for  them  to  launch  their 
thunders  at  those  who  have  deserved  well  of  their  country. 

I  became  convinced  of  this,  last  winter  in  the  city.  The 
complaints  from  Detroit  had  already  made  an  impression 
even  on  the  mind  of  the  President  and  the  heads  of  Depart- 
ments. Some  of  the  members  of  Congress  mentioned  some- 
thing about  impeachment  &c.  and  it  was  in  vain  that  I 
attempted  a  vindication  of  some  of  those  acts,  to  which 
the  seal  of  reprobation  had  been  already  affixed. 

Pardon  this  language;  I  was  equally  implicated  with 
yourself  (as  we,  for  the  most  part  concurred  in  sentiments) 
tho'  to  you  was  almost  exclusively  confined  the  credit  of 
projection. 

I  believe  an  enquiry  at  this  moment  would  be  greatly  to 
your  advantage.  An  Impeachment  would  establish  your 
name  and  character  throughout  the  Union.  A  glorious 
opportunity  would  be  thereby  afforded  you,  of  silencing 
forever  those  silly  caluminators,  who  have  endeavoured  to 
render  either  suspicious  or  criminal  all  your  efforts  for  the 
promotion  of  the  public  interest. 


The  First  Acting-Governorship.  303 

The  fervors  of  our  Louisiana-Factions  have  very  much 
subsided;  and  altho'  I  ought  not  to  attribute  it  solely  to 
my  exertions;  yet  it  is  certain  that  I  have  not  been  alto- 
gether unsuccessful  in  my  attempts  to  moderate  and  to 
reconcile.  Gov  Wilkinson  had  given  the  public  mind  a 
violent  impulse.  Party  had  been  arraigned  agt.  party,  and 
scarcely  an  individual  in  the  community  escaped  the  impu- 
tation of  some  infamous  crime.  It  is  shocking  to  look  at 
the  pictures  which  the  Records  of  those  times  exhibit:  but 
those  times  have  passed  away,  and  the  prospect  before  us 
will  be  an  ample  indemnification  for  past  sufferings. 

If  ever  you  change  your  residence  come  to  Louisiana. 
It  is  a  country  of  vast  internal  resource  and  is  rising  into 
wealth  and  respectability,  notwithstanding  every  political 
discouragement. 


TO  JOHN  SMITH  T 

St.  Louis  24  Feby  1808. 
Sib, 

Mr.  Cheetham  this  morning  delivered  me  your  letter  of 
the  14th  Inst.  I  have  reflected  on  the  contents  with  atten- 
tion, and  do  not  know  that  I  am  permitted  to  protect  your 
claims  at  Mine  A  Eenaut  by  instructions  similar  to  those 
in  the  case  of  Messrs.  Henry  &  Fenwick.  Their' s  is  an  old 
claim,  and  as  I  conceive  it,  located  by  the  Grant  itself. 
Your's  derived  from  Captain  St.  Vrain,  is  a  new  one,  and 
surveyed,  if  I  may  rely  on  statements  lately  received,  since 
the  4th  of  March  1807.  — 

Believe  me,  I  feel  anxious  only  to  discharge  my  duty, 
as  respects  the  Lead  Mines.  —  Your  interests,  as  an  Inhabi- 


304         The  Life  and,  Papers  of  Frederick  Bates. 

taut  of  Louisiana,  are  under  the  guardianship  of  the  Laws, 
and  I  should  pervert  that  authority  with  which  I  have  been 
invested,  if,  either  thro'  remissness  or  design  I  suffered 
them  to  be  sacrificed.  I  expect  the  Governor  every  hour. 
If  he  does  not  very  soon  arrive,  I  shall  visit  the  mines  for 
the  purpose  of  collecting  those  accurate  informations, 
which  are  so  difficult  to  obtain  at  a  distance  from  the  scene 
of  alledged  interferences. 


TO  RICHARD  BATES 

St.  Louis  Feby  26.  1808. 
Dear  Richard, 

On  the  first  day  of  October  last  I  sent  you  a  Bill  on  Mr 
Gallatin  for  the  sum  of  $250  —  Not  having  heard  from  you, 
I  fear  that  it  has  been  either  lost  or  pillaged  on  the  road. 
I  now  send  you  a  duplicate,  or  rather  the  second  part  of 
that  bill,  together  with  a  letter  of  advice  to  Mr  Gallatin. 
Gov  Lewis  is  every  moment  expected.  His  brother301 
arrived  last  evening  with  his  carriage  &c.  &c. 

301  This  was  Reuben  Lewis.     He  was  one  of  the  original  members  of 
the  Missouri  Pur  Company. 


PART     III 
The  Regime  of  Governor  Lewis 


THE  REGIME  OF  GOVERNOR  LEWIS 


TO  JOHN  McKINNEY1 

glB  St.   Louis  Mar  8.   1808 

I  this  afternoon  received  your  letter  of  the  29th  Feby 
and  have  been  directed  by  the  Governor2  to  give  you  the 
necessary  assistance  for  the  recovery  of  your  Property. 

You  will  please  deliver  the  enclosed  letter  to  Mr.  Robert 
Dickson,  on  whose  friendly  aid,  I  have  the  utmost  reliance. 
Mr.  Dickson  possesses  more  influence  than  any  other 
Trader  in  that  quarter,  and  I  have  no  doubt  that  when 
the  demands  of  the  govr.  are  fairly  communicated  to  the 
Indians  by  him,  your  horses  will  be  restored.  Mr.  Dick- 
son, is  authorized  to  make  a  few  presents  at  the  public 
expence,  provided  such  a  step  should  be  necessary  to 
facilitate  the  compromise. 


TO  ROBERT  DICKSON 

glE  St.  Louis  8  March  1808. 

Your  letter  of  the  22d  of  Novr.  was  received  in  due  time. 
I  have  known  of  no  conveyance  by  which  I  could  express 
to  you,  my  acknowledgments  for  the  exertions  which  you 
continue  to  make  for  the  tranquility  of  the  upper  country. 

1  John  McKinney  was  a  native  of  Virginia.  He  served  in  the  Revolu- 
tion. He  came  to  Louisiana  in  1800  and  settled  on  the  Femme  Osage 
in  the  St.  Charles  District. 

2  Governor  Lewis  arrived  at  St.  Louis  on  March  8,  1808. 

(307) 


308         The  Life  and  Papers  of  Frederick  Bates. 

Believe  me,  I  have  a  proper  sense  of  those  obligations 
which  you  confer  on  us  by  these  repeated  instances  of  your 
friendly  dispositions.  But  when  I  am  soliciting  new  ser- 
vices, I  must  confess  that  it  is,  with  a  bad  grace  I  thank 
you  for  the  old.  John  McKinney  &  Wm.  Eamsay3  have 
lost  six  horses,  some  of  them  valuable,  which  they  suspect 
to  have  been  stolen  by  the  Indians  of  your  neighbourhood. 
Should  it  be  in  your  power  without  inconvenience,  to  assist 
those  men  in  the  recovery  of  their  property,  I  know  you 
will  have  the  goodness  to  do  so.  It  is  said  that  the  Black 
Eagle  has  several  of  them.  Any  presents  to  a  small 
amount  which  you  may  distribute  on  the  occasion  shall 
be  accounted  for  by  the  Indian  Department  at  this  Place. 

We  have  a  treaty  with  the  Sacs  &  Foxes  by  which  we 
shall  be  justified  in  compensating  from  the  annuities,  for 
the  losses  which  our  citizens  sustain  by  the  robberies  they 
commit.  This  consideration  will  have  weight  with  the 
chiefs,  and  if  your  influence  be  exerted  I  am  very  sure 
that  the  horses  will  be  restored. 

You  will  know  how  to  address  them,  on  these  subjects. 
The  Governor  arrived  this  day;  and  it  is  by  his  order 
that  I  make  these  solicitations. 


TO  MERIWETHEK  LEWIS 
Qtt>  St.  Louis  Mar  9.  1808 

I  had  the  honor  of  waiting  on  you  this  morning  —  and 
left  on  your  table  the  volumes  of  the  laws  of  the  U  States 
in  which  are  found  all  the  Statutes  which  have  been  lately 

3  William  Ramsay,  a  soldier  of  the  American  Revolution,  in  1799 
settled  on  Bryant  Creek  in  the  St.  Charles  District.  The  creek  is  also 
known  as  Ramsay's  Creek. 


The  Regime   of  Governor  Lewis.  309 

passed  in  relation  to  this  Territory.  In  the  bundle  of 
'  complaints '  which  have  been  also  left  in  your  office,  you 
will  find  the  letters  of  Major  Seth  Hunt,  from  which  you 
will  derive  some  general  information  with  respect  to  his 
claims.  A  copy  of  his  Entry  with  the  Recorder  shall  be 
submitted  to  you.  I  enclose  you  copies  of  Mr  Gallatins 
letters  on  the  subject  of  the  Lead  Mines:  also  I  take  the 
liberty  of  sending  you,  a  copy  of  Fraziers4  Prospectus  as 
furnished  me  by  Major  C.5 

I  have  not  thought  that  you  would  require  of  me  a 
report  in  writing  of  the  affairs  of  the  Territory.  If,  how- 
ever it  is  your  wish,  you  have  only  to  command  me. 


TO  JOSEPH  CHADLESS6 
glB  St.  Louis  12  Mar  1808. 

I  should  esteem  a  particular  favor  your  procuring  for 
me,  one,  two  or  three  of  those  western  Papers,  from  dif- 

^  Robert  Frazier,  a  member  of  the  Lewis  and  Clark  party,  had  for- 
merly been  a  fencing  master  at  Rutland,  Vermont.  Soon  after  the  return 
of  the  expedition  he  solicited  subscriptions  in  Vermont  for  a  publication 
of  his  journal,  but  as  far  as  known  it  did  not  appear  in  print.  Thwaites 
was  unable  to  find  the  journal.  For  the  entire  subject,  see  James  Davie 
Butler,  "The  new  found  Journal  of  Charles  Floyd,"  in  American  Antiqua- 
rian Society,  Proceedings,  April  25,  1894;  Thwaites,  Original  Journals  of 
the  Lewis  and  Clark  Expeditions,  1804-1806,  I,  pp.  LV,  LXXXIV,  LXXXV; 
Coues,  History  of  the  Expedition  under  the  Command  of  Lewis  and  Clark, 
I,  255;  Gass,  Journal  (Hosmer,  ed.),  pp.  XXI,  XXXII. 

s  Probably  Eli  B.  Clemson. 

e  Joseph  Charless,  Sr.,  was  born  in  Westmeath,  Ireland,  July  16,  1772. 
He  was  implicated  in  the  Irish  rebellion  of  1795  and  forced  to  flee  to 
France.  He  arrived  in  New  York  in  1796,  but  moved  to  Philadelphia 
where  he  worked  on  William  Duane's  Aurora.  In  1800  he  went  to  Lex- 
ington, Kentucky,  where  he  established  a  newspaper.  His  next  move  was 
to  Louisville  in  1806,  where  he  published  the  Louisville  Gazette.     In  the 


310         The  Life  and  Papers  of  Frederick  Bates. 

ferent  Presses,  which  contain  the  Prospectus  of  Frazier's 
Journal. 

The  interest  which  I  take  in  the  compromise  of  those 
misunderstandings  which  have  arisen  from  that  Pros- 
pectus, urge  me  to  trouble  you  with  this  request. 

If  the  Publication  of  Gov  Lewis  on  the  subject  of  Gass'7 
&  Frazier's  Journal  can  be  procured,  you  would  confer  an 
additional  favor  by  transmitting  it.  —  For  these  friendly 
offices  I  beg  you  to  command  me  in  return. 


MERIWETHER  LEWIS  TO  BATES 

Sir,  tn-  d-] 

If  not  otherwise  engaged  I  shall  expect  you  to  take  tea 
with  me  this  evening;  there  are  several  subjects  on  which 
I  wish  to  converse  with  you. 


MERIWETHER  LEWIS  TO  BATES 
Sm  St.  Louis  March  16th.  1808. 

You  would  very  much  oblige  me  by  drawing  up  articles 
of  agreement  between  myself  as  Superintendent,  of  Indian 
affairs  in  behalf  of  the  U'Sts.  and  Alexander  Willard,  a 

summer  of  1808  he  came  to  St.  Louis,  where  he  established  the  Missouri 
Gazette,  the  first  newspaper  west  of  the  Mississippi  River,  the  first  issue 
appearing  on  July  12,  1808. 

7  Patrick  Gass  was  a  member  of  the  Lewis  and  Clark  party.  In 
1807  he  published  his  journal  of  the  expedition,  and  until  the  appearance 
of  the  Nicholas  Biddle  edition  of  the  Lewis  and  Clark  papers  in  1314, 
Gass'  journal  was  the  principal  source  of  information  regarding  the 
work  of  the  explorers.  The  best  edition  is  that  edited  by  James  Kendall 
Hosmer,  published  in  1904. 


The  Regime  of  Governor  Lewis.  311 

Blacksmith  whom  I  wist  to  engage  for  the  Sauc  nation,8 
on  the  other  part  —  he  will  be  bound  to  perform  with  deli- 
gence  and  to  the  best  of  his  ability  as  a  blacksmith  all 
duties  appertaining  thereto,  and  as  such  to  obey  the  orders 
of  myself  or  of  such  Indian  agents  of  the  TJ'States  as  may 
be  charged  with  the  affairs  of  that  nation,  his  term  of 
service  12  months  from  the  1st  of  Aprl.  next  unless  sooner 
discharged  by  the  orders  of  the  Secy  of  War  or  myself  — 
in  consideration  of  those  services  he  is  to  be  paid  30 
dollars  pr.  Month  and  one  &  %  rations  pr.  day  to  be  fur- 
nished at  the  public  expence  with  an  assortment  of  tools, 
a  shop  and  coal  house,  a  comfortable  cabbin  with  a  puncin9 
[sic]  floor,  with  fuel,  and  to  have  his  baggage  transported 
from  hence  to  the  Sauc  village.  .  .  . 
[P.  S.]  A  hand  to  strike  will  also  be  furnished  Mr.  Wil- 
lard.    M.  L. 


TO  MERIWETHER  LEWIS 

March  17th,  1808. 

SlK, 

I  have  the  honor  to  enclose  for  your  information,  cer- 
tain Leases  of  Lead  Mines,  which  were  made,  by  order 
of  the  President,  to  sundry  persons  in  the  dist  of  St.  Gene- 
vieve. 

s  In  the  treaty  of  1804  no  provision  was  made  for  furnishing  the  Sacs 
and  Foxes  with  a  blacksmith.  In  the  Osage  treaty  of  1808  the  United 
States  agreed  to  furnish  that  tribe  with  a  blacksmith.  Probably  the 
assignment  of  Willard  to  the  Sacs  was  a  concession  made  necessary  by 
the  arrangement  with  the  Osages.  For  the  treaties,  see  Kappler,  Indian 
Affairs,  Laws  and  Treaties,  II,  74-77,  95,  120-122. 

9  A  floor  made  of  puncheons,  broad,  flat  pieces  of  roughly  dressed 
timber. 


312         The  Life  and  Papers  of  Frederick  Bates. 

TO  JOSHUA  HUMPHREYS 
SiR  St.  Louis  March  20.  1808. 

Governor  Lewis  arrived  on  the  8th  Inst,  and  relieved 
me  from  the  Executive  Burthens,  at  the  same  time  that 
he  gratifies,  by  his  presence  the  impatient  wishes  of  the 
People. 

As  a  matter  of  official  course,  your  envelope  covering 
letters  of  the  2d  Dec  &  6th  of  March  last  was  handed  over 
to  the  Governor.  His  Excellency  desires  me  to  reply  to 
those  letters.  The  court,  you  remark  have  recognized 
certain  customary  laws,  with  respect  to  the  sale  of  prop- 
erty, which  laws,  in  their  opinion  remain  unrepealed  by 
our  statutes.  —  This  transaction  involves  some  important 
and  perhaps  questionable  principles,  on  which  his  Excel- 
lency will  not  hazzard  hasty  opinions :  —  and  whatever 
his  ideas  with  respect  to  this  declaratory  act  may  be,  the 
Papers  as  communicated  have  too  little  of  form  and 
authenticity  to  be  submitted  to  the  Attorney  General.10 

The  Produce  of  the  country  is  not  a  legal  tender  in  dis- 
charge of  a  Fee  Bill.  The  Legislature  cannot  legitimate 
such  a  tender:  neither  do  I  observe  that  the  court,  in  their 
resolution  have  attempted  to  do  so.  They  only  interpose 
the  same  delays  in  the  collection  of  those  monies  ,as  in  cases 
of  debt  arising  in  another  manner. 

io  The  office  of  attorney  general  was  created  by  a  territorial  act  of 
May  6,  1806.  The  attorney  general  was  to  be  "a  suitable  person  learned 
in  the  law,"  to  be  appointed  by  the  governor.  He  was  to  prosecute  in 
the  territory  all  pleas  civil  and  criminal  in  behalf  of  the  United  States 
or  of  the  territory.  He  was  given  power  to  appoint  deputies  in  the 
various  districts  to  act  for  him.    Mo.  Territorial  Laws,  I,  67. 


The  Regime  of  Governor  Lewis.  313 

The  decision  of  your  Judges  is  however  novel  and  sin- 
gular; and  as  his  Excellency  has  heard  of  no  similar  deci- 
sions in  any  other  of  the  territorial  courts;  and  as  it  is 
desirable  that  there  should  be  an  uniformity  in  this  respect 
he  desires  that  you  will  transmit  him  an  exact  and  certified 
copy  from  the  Records,  that  he  may  deliberate  and  take 
such  a  course  in  the  affair  as  the  importance  of  the  subject 
appears  to  require. 

Samuel  Hammond  Jr  Esquire  was  on  the  29th  of  Febru- 
ary appointed  to  supply  the  vacancy  occasioned  by  the 
resignation  of  Mr.  Wilson.  You  will  then  have  no  further 
apprehensions  on  that  score.  It  is  believed  to  be  desirable 
that  district  officers  should,  in  ordinary  cases  be  selected 
from  that  quarter  of  the  country  in  which  they  are  respec- 
tively to  act.  On  the  resignation,  however  of  Mr.  Wilson, 
the  Executive  was  requested  to  send  from  some  of  the 
neighbouring  districts  an  intelligent  man,  prompt,  active 
and  suited  to  the  discharge  of  such  duties;  as  it  was  be- 
lieved that  no  person  thus  qualified,  could  be  found  in  New 
Madrid,  who  would  be  willing  to  accept. 

It  is  much  to  be  lamented  that  your  treasury  accounts 
should  have  run  into  such  disorder.  The  present  board, 
will,  it  is  hoped,  reduce  them  into  some  kind  of  system. 
Among  the  Papers  of  the  late  Colo.  Waters,  you  will  find 
several  of  my  letters,  on  those  subjects.  They  are  not 
indeed,  and  never  were  authority :  The  Law  is  your  guide ; 
but  it  is  believed  that  they  point  out  an  unexceptionable 
course. 

As  a  resident  in  Louisiana,  and  anxiously  wishing  its 
prosperity  and  advancement,  I  congratulate  you,  and  the 
respectable  inhabitants  of  your  district,  on  the  arrival  of 


314         The  Life  and  Papers  of  Frederick  Bates. 

a  Governor,  whose  great  and  only  object,  I  am  convinced 
will  be,  the  promotion  of  our  best  interests. 


TO  TIMOTHY  KIBBY 

Deab  Colonel,  St-  Louis  22d  Mar  1808« 

The  absence  of  the  Gov,  who  this  morning  visited  the 
cantonments11  prevents  my  giving  you  any  satisfactory 
information  on  the  subject  of  your  letter  of  the  19  Inst. 
It  shall  be  submitted  to  him  on  his  return.  It  is  time  that 
something  should  be  done,  conclusively,  with  respect  to  the 
contemplated  company  of  Horse.  The  Gov:  will  probably 
put  that  corny,  into  commission,  or  give  you  reasons  why 
he  thinks  it  inexpedient  to  do  so.  He  has  all  the  Papers 
on  the  subject. 

Since  last  I  had  the  pleasure  of  seeing  you,  have  heard 
nothing  of  the  arms.  They  are  doubtless,  by  this  time  on 
the  river  and  may  be  expected  in  the  course  of  the  spring. 

It  does  not  now  appertain  to  my  office  to  give  impulse  to 
the  machine  of  government:  neither  can  I  with  certainty, 
look  forward  to  what  will  happen;  but  as  intelligence  in 
relation  to  your  district  transpires  I  will,  with  cheerfulness 
and  pleasure  communicate  it  to  you. 

I  am  thankful  for  yr.  congratulations  on  the  arrival  of 
His  Excellency.  Indeed,  I  feel  myself  relieved  from  an  in- 
supportable burthen.  It  was  a  task  to  which  I  thought 
myself  unequal  even  before  experience  had  demonstrated 
the  truth  of  my  fears.  —  And  now,  permit  me,  my  dear  sir, 
to  felicitate  both  you  and  our  Fellow  Citizens  generally 
on  an  event  which  was  so  ardently  desired  by  us  all. 

11  Belief  ontaine. 


The  Regime   of  Governor  Lewis.  315 

TO  MESSRS.  STOUT,  PRINTERS,  VINCENNES 

Gentlemen,  St-  Louis  24  March  1808 

I  enclose  you  forms  for  Commissions  civil  and  militia  — 
also  for  Indian  Licenses  You  will  oblige  me  by  causing 
forty  eight  of  each  to  be  struck  off,  in  the  best  manner 
and  as  soon  as  may  be  convenient  to  you  —  If  the  Post 
Rider  can  be  prevailed  on  to  bring  them  to  Cahokia,  I  will 
pay  him  whatever  may  be  reasonable  and  proper. 

Your  Orders  on  acct.  of  this  work  (accompanied  by  a 
statement  and  receipt)  shall  be  paid  on  sight. 


TO  RICHARD  BATES 

My  dear  Richard,  St-  Louis  March  24-  1808 

Affairs  look  somewhat  squally  since  the  arrival  of  Gov 
Lewis.  Mighty  and  extraordinary  efforts  are  making  to 
restore  to  office  some  of  those  worthless  men,  whom  I 
thought  it  my  duty  to  remove.  The  public  sentiment  (I 
say  it  without  a  boast)  appeared  [to  be  convinced  of  the]12 
propriety  of  my  conduct  [and  the  bitterness  of]  party 
faction  were  daily  [subsiding,  but  I  now]  greatly  fear  that 
the  Demon  of  Discord  will  again  mount  the  whirlwind  and 
direct  the  storm.  If  my  unpleasant  differences  with  Colo. 
Smith  did  not  still  hang  over  me  there  could  be  no  reason 
why  I  should  not  abstract  myself  from  territorial  disputes 
and  be  content  with  the  mere  discharge  of  official  duty. 
That  man  was  absent,  in  Tennessee,  on  the  arrival  of  the 
Governor,  and  has  not  since  returned.  I  wrote  you  that  I 
should  not  hold  myself  accountable  to  him  for  any  Execu- 

12  The  original  is  mutilated.     Portions  in  brackets  were  supplied  by 
the  editor. 


316         The  Life  and  Papers  of  Frederick  Bates. 

tive  measure  or  act  of  mine,  while  discharging  the  duties 
of  Governor.  But  it  will  be  in  his  power  so  to  wrest  the 
misunderstanding  from  its  true  grounds,  as  to  make  it  my 
duty  to  take  notice  of  him. 

I  wish  it  was  your  interest,  as  it  is  mine  that  we  should 
live  together,  and  have  the  benefit  of  each  others  society, 
friendship  and  advice.  —  I  wrote  you  very  hastily  by  last 
Post.  If  you  should  come  to  Louisiana,  and  arrive  in  my 
absence,  Mr.  Comegys,  who  is  my  Banker,  will  supply  you 
with  whatever  you  may  reasonably  demand  —  And  on  my 
return,  all  I  can  say  is,  that  we  will  live  together  like 
brothers  and  my  purse  as  long  as  I  have  one,  shall  be 
always  open  for  the  supply  of  any  deficit  which  may  hap- 
pen in  yours. 

G.  L.  has  a  brother13  in  this  Country,  for  whom  I  suppose 
provision  must  be  made.  Indeed  I  know  of  no  vacancy  for 
you  at  present;  but  the  practice  of  the  Law  is  a  more  inde- 
pendent pursuit,  and  perhaps  more  profitable  than  an 
office  dependent  on  the  will  of  others  All  things  considered, 
it  might  perhaps  be  safer  to  suspend  your  resolutions  until 
the  latter  part  of  summer  My  situation  will  be  completely 
ascertained  by  that  time.  This  may  be  a  needless  caution ; 
but  it  surely  arises  from  that  anxious  interest  which  I  take 
in  your  welfare.  The  Osage  Indians  have,  and  are  now 
committing  depredations.  About  a  week  ago  they  made 
an  irruption  into  our  settlements,  and  loaded  the  horses 
which  they  stole  whereever  they  could  find  them  with  the 
property  of  the  frontier  Inhabitants.  There  was  no  per- 
sonal violence  offered;  but  the  most  wanton  waste  com- 
mitted on  property  of  every  description.  Furniture  was 
split  to  pieces  with  their  Tomahawks;  feather  beds  ript 

is  Governor  Lewis'  brother,  Reuben. 


The  Regime   of  Governor  Lewis,  317 

open  and  destroyed,  and  every  thing  which  could  not  be 
carried  away  rendered  useless  to  the  owners.  Forty  of 
the  most  respectable  persons  of  the  country  are  now  in 
pursuit  of  these  freebooters,  or  probably  before  this  time 
have  had  an  action  with  them.  This  will  not  at  all  effect 
the  peace  of  the  Territory  for  the  Indians  west  of  the 
Mississippi  know  nothing  of  war,  and  will  be  very  readily 
chastised  even  by  the  Militia  for  any  outrages  which  they 
commit. 

If  you  come,14  call  on  Messrs.  Falconer  &  Comegys  to 
whom  I  have  spoken  on  your  behalf.  Indeed  I  have  desired 
them  to  call  on  you. 


MOSES  AUSTIN  TO  BATES 

jy  gffi  Mine  a  Burton   [March]  27th  1808 

Colo  Mathers  having  determined  to  visit  Saint  Louis, 
affords  an  opportunity  for  me  to  tender  my  Congratula- 
tions, on  the  safe  arrival  of  Gov.  Lewis  in  this  territory, 
believing  as  I  do  that  his  arrival  will  be  to  you  no  small 
gratification,  in  as  much  as,  you  will  be  releaved  from  much 
of  the  responsibility  heretofore  attached  to  your  office. 

Colo  Mathers  deeply  feels  the  outrages  lately  committed 
on  his  property  &  the  insults  offered  his  person,  &  depends 
much  on  you  to  see  him  remunerated  for  his  losses.  I  have 
expressed  to  Messrs.  Mathers  &  Hart  my  belief,  that  they 
would  find  in  you  a  firm  advocate,  &  that  Gov  Lewis  would 
doubtless  take  prompt  &  efficient  measures  to  obtain  them 
redress.    I  cannot  but  express  my  hope  that  our  Gov.  will 

14  Richard  Bates  remained  in  Virginia.    He  died  at  Norfolk  on  March 
3,  1811. 


318         The  Life  and  Papers  of  Frederick  Bates. 

deliberately  investigate  the  wrongs  they  have  suffered  from 
the  agents  of  Smith  &  Brown,  and  cause  restitution  to  be 
made  them,  suffer  me  also  to  add  that  no  act  of  violence 
with  in  my  knowledge  equals  the  one  commited  on  those 
Gentlemen,  as  well  as  on  the  authority  of  the  U  States. 
Such  outrages  unnoticed  has  created  the  most  sovereign 
contempt  for  the  Constituted  Authorities,  &  imboldens  the 
perpetrators  of  repine  &  discord  to  continue  their  out- 
rages. I  trust  I  shall  be  excused  for  expressing  my  solici- 
tude on  this  occasion  as  Messrs.  Mathers  &  Hart  leased, 
lands  of  the  U  States  by  my  advice,  &  in  consiquence,  I 
consider  myself  in  some  measure  instrumental  in  placing 
them  in  the  situation  in  which  they  now  stand,  I  have  always 
expressed  my  confidence  in  the  Justice  of  the  General  Gov- 
ernment, also  my  firm  belief  that  Gov.  Lewis  &  yourself 
would  shield  them  from  the  dareing  attempts  of  Smith  & 
Brown,  —  Nor  can  I  yet  believe  I  shall  find  myself  disap- 
pointed in  my  expectations  of  the  Just  intentions  of  the 
Executive  of  this  Territory,  you  are  fully  apprized  of  my 
determination  (heretofore  made  known  to  you)  not  to 
interpose  in  any  wise  as  to  appointments  that  might  be 
contemplated  for  this  district,  either  civil  or  military,  yet 
such  is  my  Extreem  concern  on  seeing  the  bold  attempts, 
to  again  introduce  John  Smith.  T.  into  office  that  I  cannot 
remain  silent,  it  appears  to  be  a  principle  adopted  by  the 
General  Government  that  all  persons,  who  have  in  any 
manner  associated  with  Aaron  Burr,  aught  to  be  divested 
of  all  authority,  nor  trusted  with  confidential  offices  under 
the  Government,  that  John  Smith.  T.  did  actually  enter  into 
the  Views  of  Burr  (in  my  opinion)  may  be  established  by 
concuring  testimony  sufficiently  strong  to  convince  Every 
man  in  this  district  friendly  disposed  towards  the  U  States 
of  the  impropriety,  of  his  holding  an  office  under  the  Gov- 


The  Regime   of  Governor  Lewis.  319 

eminent,  the  advocates  of  Smith  have  a  double  object  in 
view,  by  reinstating  him  in  office,  they  expect  by  so  doing 
to  fix  a  stigma  on  the  Secretary  of  the  Territory,  and  prove 
to  the  World,  that  his  removal  from  office  arrose  from  per- 
sonal motives  &  not  from  any  improper  acts  of  his,  they 
also  expect,  to  regain  so  compleat  ascendency  over  this 
District,  and  create  a  breach  between  the  Gov.  and  Secre- 
tary which  is,  said,  &  impressed  on  the  minds  of  the  people 
has  already  taken  place,  &  that  Gov.  Lewis  has  expressed 
his  dissattisfaction  of  the  Secretarys  conduct. 

Thus  you  see  the  Engines  of  discord  are  in  motion  to 
inflame  the  people  against  Every  man  that  has  dared  to 
act  in  contradiction  to  the  will  of  the  Ex  Secretary  &  his 
friend  Smith.  I  cannot  but  feel  deeply  impressed  with  the 
importance  of  the  present  question,  whether  John  Smith.  T. 
shall  be  reinstated  or  not,  a  question  of  no  small  conse- 
quence in  my  estimation,  my  confidence  in  the  correct  views 
of  Gov.  Lewis  are  such,  that  untill  I  am  convinced  by  seeing 
Smith  clothed  with  the  Ensigns  of  his  office,  I  will  not  be- 
lieve him  reinstated  in  the  Confidence  of  the  Governor, 
altho  proclamed  by  a  thousand  tongues. 


TO  JAMES  MADISON 
glR  St.  Louis  April  1.  1808 

I  have  the  honor  of  enclosing  as  the  half  yearly  Report 
of  the  Secretary  copies  of  the  acts  passed  from  the  1st 
October  1807  till  31st  March  1808  ;15  copy  of  a  writ  for 

is  Only  three  acts  were  passed  during  this  period:  an  act  concerning 
insolvent  debtors,  an  act  concerning  mortgages,  and  an  amendment  to 
the  act  establishing  courts  of  justice.    Mo.  Territorial  Laws,  I,  181-184. 


320         The  Life  and  Papers  of  Frederick  Bates. 

the  removal  of  John  Harvey  an  Intruder  on  the  Public 
Lands;  Lists  of  new  appointments  in  the  civil  department 
and  of  Licenses  to  trade  with  Indians;  together  with  a 
List  of  the  civil  officers  now  in  commission.  —  Party  fer- 
vors, since  my  last  communication,  have,  in  a  great  degree 
subsided  and  except  a  late  marauding  incursion  of  a  band 
of  Osages;  and  some  local  discontents  arising  from  min- 
eral competition  in  the  District  of  St.  Genevieve,  nothing 
has  occurred  to  interrupt  the  public  tranquility. 

On  these  subjects  the  Governor  will  take  measures  and 
probably  report  specially  with  respect  to  them.     .     .     . 

LIST  OF  APPOINTMENTS  AND  REMOVALS, 
lg07  APRIL  1,  1807— MARCH  31,  1808 

May  1.  —  John  Smith  (T)  removed  from  his  offices  of  Lt. 
Colo,  of  the  Militia;  Justice  of  the  General  Q.  Ses- 
sions and  Com:  Pleas  and  Commission  of  Rates  & 
Levies  for  the  district  of  St.  Genevieve. 

5th  James  Richardson  removed  from  his  offices  of  Jus- 
tice of  the  Peace  and  of  2d.  Major  of  the  Militia  of 
the  district  of  St.  Louis. 

7th  Thomas  C.  Scott  appointed  Clerk  of  the  Q  Sessions 

&  Prothy.  of  the  Com  Pleas  of  the  district  of  Cape 
Girardeau  vice  Joseph  McFerron  removed 

8th  James  Austin16  appointed  Justice  of  the  Peace  and 
of  the  Com  Pleas  for  the  district  of  St  Genevieve 

9  William  Murphy17  removed  from  the  offices  of  Justice 
of  the  Peace  and  of  the  Com  Pleas  for  the  district  of 
St.  Genevieve 

i6  Brother  of  Moses  Austin. 

it  A  Revolutionary  War  veteran  from  Virginia. 


The  Regime  of  Governor  Lewis.  321 

June  8  William  James18  appointed  a  Justice  of  the 
Peace  —  of  the  Q  Sessions,  and  of  the  Common  Pleas 
for  the  district  of  St.  Genevieve 

13  Joshua  Pennyman  appointed  a  Justice  of  the  Peace 
&  of  the  Com  Pleas  for  Dt.  of  St.  Genevieve 

Peter  Provonchere  resigns  the  offices  of  Recorder, 
Judge  of  Probate  and  Major  in  the  Militia  —  District 
of  St.  Charles. — 

14  Silas  Bent  1st  Justice  of  the  Courts  of  Q  Sessions  & 
Com  Pleas  for  the  district  of  St.  Louis.  — 

16  Enoch  Evans19  appointed  Justice  of  the  Q  Sessions 
and  Com:  Pleas  for  the  district  of  Cape  Girardeau 

22d  Thos.  Oliver  &  Joshua  Pennyman  appointed  Com- 
missioners of  Rates  &  Levies  for  Dt.  of  St.  Genevieve 

23d  Thomas  Oliver  appointed  Judge  of  Probate  Dt.  St. 
Genevieve  vice  Valle  resigned. 

24  Joshua  Pennyman  impowered  by  Dedimus  to  admin- 
ister Oaths  of  Office 

27        Joseph  Whittlesey  appointed  Captain  of  a  Volunteer 
Infantry  Company  in  the  district  of  St.  Genevieve 
Ebenezer  Armstrong  Lieut,  of  said  Company 
Thomas  Scott  Ensign  of  said  Company 

July  7     James  Green  Coroner  of  Dt.  of  St.  Charles 

Michael  Amoreux  appointed  Notary  Public   for   5 


is  One  of  the  trustees  of  the  Ste.  Genevieve  Academy  in  1808. 
is  A    Virginian   who    settled    in   the   Ramsay    Settlement    near    Cape 
Girardeau  in  1801. 


322         The  Life  and  Papers  of  Frederick  Bates. 

Years  for  Dt.  of  New  Madrid  also  appointed  Eecorder 
&  Judge  Probate  for  said  district  vice  Charpentier 
resigned 

Joshua  Humphreys  impowered  by  Dedimus  to  ad- 
minister Oaths  Dt.  of  New  Madrid 

9  Thomas  F.  Riddick  appointed  Commissioner  of  rates 
&  levies  for  one  year  from  15  Augt.  next  for  Dt.  St. 
Louis  vice  Christy  resigned 

10  Thomas  F.  Eiddick  Clerk  of  the  Courts  of  Com  Pleas, 
Q  Sessions  &  oyer  &  terminer  for  Dt.  of  St.  Louis 
vice  William  Christy  resigned 

Edward   Hempstead   appointed  Aide   De   Camp   to 
Comr.  in  Chief,  with  rank  of  Major 

14  William  Sullivan20  appointed  Coroner  for  the  Dis- 
trict of  St.  Louis. 

Thomas    F.    Riddick    impowered    by    Dedimus    to 
administer  Oaths.  — 

18  Mary  Phillip  Le  Due21  appointed  Notary  Public  for  5 
Years  for  Dt.  of  St.  Louis. 

20th  Bernard  Gains  Farrar  appointed  Surgeon  1st 
Regt.  — 

Aug  14  Otho  Shrader,  Captain  of  a  Cavalry  Company  in 
the  District  of  St.  Genevieve 

Henry  Dodge  1st  Lieutenant  of  ditto 

20  in  1804  Governor  Harrison  appointed  him  constable  of  St.  Louis. 
He  was  doorkeeper  of  the  Missouri  territorial  assemblies  of  1814  and  1818. 

2i  Marie  Philip  Leduc  was  the  secretary  of  De  Lassus  at  New  Madrid. 
He  was  the  first  clerk  and  recorder  of  St.  Louis,  and  in  1805  was 
appointed  translator  for  the  board  of  land  commissioners. 


The  Regime   of   Governor  Lewis.  323 

Andrew  Henry  2d  Lieutenant  of  ditto 
John  B.  Le  Brun  Boziere22  Cornet  of  ditto 
Charles  Elliott  Burser  of  ditto 

18  Henry  Bight23  appointed  Recorder  and  Judge  Pro- 
bate, District  of  St.  Charles 

Bernard  Prat'te  Esq :  Treasurer  District  of  St.  Louis 

20  George  Henderson  Recorder,  Judge  of  Probate  and 
Treasurer  of  the  District  of  Cape  Girardeau 

Timothy  Kibby  1st  Judge,  Francois  Saucier,24  and 
James  Flaugherty25  Judges  of  the  Courts  of  Common 
Pleas  and  Q  Sessions,  for  the  District  of  St. 
Charles  —  good  behavior  for  four  years 

Silas  Bent  1st  Judge,  Auguste  Chouteau,  Chs.  Gra- 
tiot, Bernard  Pratte,  Louis  Lebeaume  Judges  of  the 
Courts  of  Com  Pleas  &  Q  Sessions  for  Dt.  of  St. 
Louis  —  good  behavior  for  four  years.  Charles  Gra- 
tiot Esquire  declined  to  accept 

Justices  foe  the  several  Townships  Dt.  of  St.  Louis 

Aug.  20  St.  Ferdinand :  Jno.  Allen,2''  Geo.  Fallis.  Vincent 
Carico27 


22  His  name  was  Bossieur.  He  was  a  captain  in  the  Ste.  Genevieve 
County  regiment  in  1812  and  was  reappointed  in  1814. 

23  He  was  judge  advocate  in  the  St.  Charles  County  regiment  in  1812 
and  was  reappointed  in  1814. 

24  The  founder  of  Portage  des  Sioux. 

25  in  1799  he  settled  in  the  District  of  St.  Charles  at  Green's  Bottom 
on  the  Missouri.  He  was  appointed  justice  of  the  peace  in  1804.  He 
represented  St.  Charles  County  in  the  first  Missouri  territorial  council. 

26  Probably  John  E.  Allen,  a  captain  in  the  St.  Louis  County  regi- 
ment in  1812. 

27  in  1798  Vincent  Carrico  was  living  on  a  land  grant  on  the  south 
side  of  the  Missouri  River  a  few  miles  above  its  mouth. 


324         The  Life  and  Papers  of  Frederick  Bates. 

Bon  Homme:  Richard  Caulk,28,  James  Mackay?9 
Kincaid  Caldwell30 

Joachim :    Benj.  Johnson,31  Jeduthan  Kendal32 

St.  Louis:  M.  P.  Le  Due,  F.  M.  Benoist,33  Alexr. 
McNair,  Thos.  F.  Riddick,  Pierre  Chouteau 

James  Mackay  declined  to  accept. 

Amos  Byrd  1st  Judge,  St.  James  Beauvais,34  William 
Gaines,  Judges  of  the  Courts  of  Common  Pleas  &  Q 

28  Richard  Caulk,  a  Marylander,  settled  in  Bon  Homme  in  1796. 
He  was  appointed  syndic  and  acted  in  that  capacity  until  1804.  He 
received  extensive  land  grants  in  compensation  for  his  services.  He  was 
a  member  of  the  Missouri  territorial  assembly  in  1812  and  1814,  and 
was  a  lieutenant  in  the  Mounted  Riflemen  in  1812  and  in  the  infantry  in 
1814. 

29  Mackay  was  a  surveyor,  a  native  of  Kildonan,  County  Sutherland, 
Scotland.  For  a  time  he  was  in  the  employ  of  English  fur-trading  com- 
panies, but  in  1792  came  to  Upper  Louisiana.  In  1795-1796  he  was 
employed  by  the  Clamorgan  Company  to  explore  the  upper  Missouri  "with 
the  intent  of  opening  communication  with  the  South  Sea,"  and  to  coun- 
teract English  influence  on  the  Platte  and  upper  Missouri.  Near  Bon 
Homme  he  established  the  village  of  San  Andres  del  Misuri,  the  site  of 
which  has  long  since  been  washed  away.  He  was  rewarded  for  his 
services  by  an  extensive  land  grant  on  the  Cuivre  River.  In  1804  Harri- 
son appointed  him  a  judge  of  the  court  of  common  pleas  and  quarter 
sessions  of  the  District  of  St.  Louis.  He  was  a  member  of  the  Missouri 
territorial  assembly  of  1816.  For  the  Mackay  journal  of  the  expedition 
of  1795-1796,  see  Houck,  Spanish  Regime,  II,  181-193.  For  his  map,  see 
Original  Journals  of  Lewis  and  Clark   (Thwaites,  ed.),  VIII,  No.  2. 

30  in  1799  he  settled  near  St.  Ferdinand.  He  represented  St.  Louis 
County  in  the  Missouri  territorial  assembly  of  1814. 

3i  In  1800  he  was  living  on  Sandy  Creek  in  what  is  now  Jefferson 
County  and  in  1806  was  teaching  school  there.  In  1812  he  was  an  ensign 
in  the  St.  Louis  County  regiment. 

32  Kendall  was  a  large  land  owner.  In  1798  he  had  a  tannery  at 
Ste.  Genevieve.  The  following  year  he  added  a  boot  and  shoe  factory,  a 
distillery,  and  brewery.  At  one  time  he  owned  the  ferry  across  the  Mis- 
sissippi at  the  mouth  of  the  Joachim. 

33  Francois  Marie  Benoit  or  Benoist  was  a  well-to-do  land  owner 
and  trader  who  lived  on  the  headwaters  of  the  Plattin  River  in  modern 
Jefferson  County. 

34  St.  Geminin  Beauvais. 


The  Regime   of  Governor  Lewis,  325 

Sessions  for  the  district  of  St.  Genevieve  —  good  be- 
havior for  four  years 

Justices  for  the  several  Townships  of  St.  Genevieve 

Aug.  26     St.  Genevieve  Joshua  Penniman35 

Cinq  Homme  Isidore  Moore,36  Geo  A.  Jffam[ilton]37 
St.  Michael38  John  Callaway,39  Nathl  Cook 
Big  Eiver,  John  Andrews  — 40 
Breton  James  Austin,  Michael  Hart 
Belle  View11  Elisha  Baker42 

Hamilton  and  Cook  resigned  the  1st  the  6th  Oct  the 
other  10th  0[ctober] 

Aug  20  Christ  Hays  1st  Judge,  Robert  Green,  John 
Byr[d]43  Judges  of  the  Courts  of  Com  Pleas  and  Q 
Sessions,  district  of  Cape  Girardeau,  —  good  behavior 
for  four  years. 

Justices  for  the  several  Townships  Dt.  of  Cape 
Girardeau 

Tywappity  Edmund  Hogan,44  Jno.  Wellborn 

35  Usually  spelled  Penneman. 

36  He  represented  Ste.  Genevieve  County  in  the  legislature,  1815-1818. 

37  Hamilton  was  a  Kentuckian.  He  was  the  first  settler  (1797)  in 
the  Brazeau  Bottom  in  the  southeast  corner  of  modern  Perry  County. 

38  Modern  Fredericktown. 

ss  Callaway  settled  on  Saline  Creek  in  1799.  He  was  a  major  in  the 
Ste.  Genevieve  County  regiment  in  1812. 

40  About  1798  Andrews  settled  on  Big  River  in  the  District  of  Ste. 
Genevieve. 

4i  Bellevue. 

42  He  was  a  member  of  the  Bellevue  Valley  Presbyterian  Church  or- 
ganized in  1816,  said  to  have  been  the  first  Presbyterian  Church  west  of 
the  Mississippi.    It  was  ten  miles  south  of  Potosi. 

43  in  1805  he  had  been  appointed  to  a  similar  position. 

44  in  1797  Edward  Hogan  had  a  farm  on  the  Mississippi  opposite 
Thebes,   Illinois.     He  was  a  captain  in  the  Arkansas   County  regiment 


326         The  Life  and  Papers  of  Frederick  Bates. 

Cape  Girardeau,  Enoch  Evans,  Jno.  Abernathy4" 
Byrd's46  William  Mathews,  John  Davis47 
German48  Frederick  Bollinger,49  Benj  Shell 
St.  Francois  Jacob  Kelly50 

Aug*.  20  Richd.  Jones  Waters  1st  Judge  Michael  Amour- 
eux,  Elisha  Winsor,51  Saml.  Dorsey52  Judges  of  the 
Courts  of  Com  Pleas  &  Q  Sessions  for  the  district  of 
New  Madrid  —  good  behaviour  for  4  Years 

Justices  foe  the  several  Townships  of  Dt  of  New  Madeid 

New     Madrid:       Joshua     Humphreys,     Obafdiah] 
Woodson 

Big  Prair[i]e53  —  Stephen  Ross54 

in  1812,  and  in  1816  represented  the  county  in  the  Missouri  territorial 
assembly. 

45  An  early  settler  in  the  region  where  the  White  River  leaves  the 
hill  country. 

46  Byrd's  Settlement  was  founded  in  1789  by  Amos  Byrd.  It  was 
about  sixteen  miles  northwest  of  Cape  Girardeau. 

47  Davis  settled  at  New  Madrid  in  1792. 

48  In  1799  German-Swiss  and  Germans  from  the  back  country  of 
North  Carolina  founded  a  settlement  on  White  River. 

49  Bollinger  was  of  German-Swiss  extraction.  He  came  from  Lincoln 
County,  North  Carolina.  He  represented  Cape  Girardeau  Cour.ty  in  the 
territorial  assembly  in  1812,  1814,  and  1816,  and  was  a  member  of  the 
legislative  council  in  1818.     Predericktown  was  named  in  his  honor. 

so  Jacob  Kelly  or  Kelley  was  the  owner  of  five  slaves. 

si  In  1799  he  was  living  six  miles  north  of  New  Madrid.  In  1804  he 
was  a  justice  of  the  peace.  In  1805  he  was  appointed  judge  of  the  court 
of  common  pleas  and  quarter  sessions  for  the  District  of  New  Madrid. 
In  1812  and  1814  he  was  a  captain  in  the  New  Madrid  County  regiment. 

52  Dr.  Samuel  Dorsey  was  a  Marylander.  He  moved  from  Vincennes 
to  New  Madrid  in  1793. 

53  For  a  contemporary  description  of  Big  Prairie,  see  Brackenridge, 
Views  of  Louisiana,  191. 

54  Ross  was  a  major  in  the  New  Madrid  County  regiment  during  the 
War  of  1812.  In  1818  he  represented  the  county  in  the  territorial 
assembly. 


The  Regime   of   Governor  Lewis.  327 

Little     Prair[i]e55 —  George     Ruddell,     Frans.     Le 
Sieur56 

Tywappity:     Edward  Matthers  jr."7 

Justices  op  the  several  Townships  for  Dt.  of  St.  Charles 

Portage  des  Sioux  Francis  Le  Sieur,58  Eben :  Ayres59 
St.  Charles:     Francis  Duquette,'50  James  Morrison, 
Ant  Janis61 

Dardenne :     Warren  Cottle,62  William  Mc  Connell63 
Femme  Osage:    Thomas  Smith,64  Daniel  Boone05 
Upper  Cuivre :    Christ :  Clark66 
Lower  Cuivre:    Jonathan  Weeds67 

55  Modern  Caruthersville. 

se  Frangois  Le  Sieur  was  commandant  of  Little  Prairie  in  the  Spanish 
regime. 

57  He  settled  at  Matthews  Prairie  (Prairie  Carlos),  the  site  of  modern 
Charleston,  Mississippi  County,  in  1800. 

58  This  Frangois  Le  Sieur  was  an  early  inhabitant  of  Portage  des 
Sioux,  and  was  an  extensive  landowner. 

59  Ebenezer  Ayres  settled  at  Portage  des  Sioux  during  the  Spanish 
regime.  The  first  Presbyterian  sermon  preached  north  of  the  Missouri 
is  said  to  have  been  delivered  at  his  house.  In  1804  he  was  appointed 
justice  of  the  peace.  He  served  as  an  ensign  in  the  St.  Charles  County 
regiment  during  the  War  of  1812. 

eo  Francois  Duquette  was  a  French-Canadian.  He  lived  for  a  time 
at  Ste.  Genevieve  and  in  1796  moved  to  St.  Charles,  where  he  became  a 
prominent  trader,  merchant,  and  landowner.  Duquette's  mill  built  in 
an  old  circular  stone  fort  was  one  of  the  landmarks  of  St.  Charles. 

si  Antoine  Janis  was  an  extensive  landholder  of  St.  Charles. 

62  Dr.  Cottle  was  one  of  the  first  American  settlers  north  of  the 
Missouri. 

63  in  1797  he  lived  at  St.  Charles  and  owned  slaves.  In  1803  he  was 
appointed  commissaire  and  syndic  of  the  Riviere  aux  Cuivre  district. 

64  He  was  an  extensive  landowner  as  early  as  1799. 

65  The  famous  Kentucky  frontiersman  settled  on  the  Femme  Osage 
in  1799.    A  year  later  he  was  commandant  of  the  district. 

66  About  1800  Christopher  Clark  settled  on  the  Cuivre  River.  In 
1818  he  was  elected  to  the  territorial  assembly  from  St.  Charles  County. 

67  He  settled  on  the  Cuivre  River  in  1802. 


328         The  Life  and  Papers  of  Frederick  Bates. 

Henry  Hight  Notary  Public  for  the  District  of  St. 
Charles  for  5  Years. 

[Aug.]  1.  Mackay  Wherry68  impowered  to  admr  Oaths 
Dt.  St.  Charles 

12th  Jno.  Andrews  Lt.  of  a  Voir.  Infantry  Company  in 
Dt.  of  St.  Genevieve  vice  Armstrong69  deed. 

Anthony  Haden70  &  Thomas  C.  Scott  impowered  to 
admr.  Oaths,  for  the  District  of  Cape  Girardeau 

Richard  Jones  Waters  &  Joshua  Humphreys  empow- 
ered to  admr.  Oaths  Dt.  of  New  Madrid. 

16.  Otho  Shrader  &  Thos.  Oliver  impowered  to  adminis- 
ter Oaths  for  the  District  of  St.  Genevieve. 

Aug  28  Thomas  F.  Eiddick  Clerk  of  the  Courts  of  Com- 
mon Pleas,  Q  Sessions  and  of  Oyer  and  terminer  for 
the  District  of  St.  Louis.  — 

Thomas  Oliver  Clerk  of  the  Courts  of  Common  Pleas 
Q  Sessions  and  Oyer  and  Terminer  for  Dt.  of  St.  Gene- 
vieve 

Thomas  C.  Scott  Clerk  of  sd.  Courts,  Dt.  of  Cape 
Girardeau 

Joshua  Humphreys  Clerk  of  sd.  Courts  Dt.  of  New 
Madrid 

Sep  1.  Robert  Spencer  Clerk  of  sd.  Courts  Dt.  of  St. 
Charles 

Thomas  Oliver  Notary  Public  for  Dt.  St  Genevieve 
for  five  years  vice  Fenwick  resigned 

68  Dr.  Wherry  was  a  Pennsylvanian.  In  1798  he  received  a  grant  for 
a  sugar  plantation  on  the  Cuivre  River.  In  1800  he  was  living  at  Portage 
des  Sioux.  He  was  sheriff  of  the  District  of  St.  Charles  in  1805  and  in 
1808  was  captain  of  the  St.  Charles  troop  of  horse. 

69  Probably  Abraham  Armstrong  who  claimed  the  "Armstrong  Dig- 
gings" in  the  Ste.  Genevieve  District. 

70  Anthony  Hayden  was  an  attorney. 


The  Regime  of  Governor  Lewis.  329 

Thomas  Oliver  Eecorder  of  the  Dt.  St.  Genevieve 
during  pleasure  vice  Fenwick  resigned 

Stephen  Byrd  Coroner  —  Dt.  Cape  Girardeau 
John  Hawkins  Coroner  Dt.  St.  Genevieve 

26        Jeduthan  Kendal  [1]  appointed  Maj  3d  Bat  1st  Regt. 

Richard  G  Bibb  Captain  of  a  Volunteer  Company  of 
Riflemen  2d  Bat.  2d  Regt. 

Joseph  Perkins  Lieut  Job  Westover  Ensign  of  sd. 
Company 

28        Mary  P.  Le  Due  Adjt.  1st.  Regt. 

Oct  1.  Robert  Blair  Justice  of  the  Peace,  township  of 
Cape  Girardeau,  District  of  Cape  Girardeau. 

3d  John  Perry  Justice  of  the  Peace  for  the  township  of 
Briton  district  of  St.  Genevieve 

9        Thomas  Comstock,71  Justice  of  the  Peace  for  the 
township  of  Joachim,  District  of  St.  Louis 

James  Rankin  Captain  of  a  Company  of  volunteer 
mounted  Riflemen  —  3d  Bat :  1st  Regt. 

14  Joseph  Tucker72  Justice  of  the  Peace  for  the  town- 
ship of  St.  Genevieve  Dist:  of  St.  Genevieve. 

23  William  Russell  Justice  of  the  Peace  for  the  town- 
ship of  St.  Louis,  Dt.  of  St.  Louis  declined  to  accept  — 
stated  his  reasons  at  large. 

Dec  14  Alexr.  McNair  Commissioner  of  Rates  &  Levies 
for  the  district  of  St.  Louis,  till  15th  Aug  1809  vice 
Pratte73  resigned 

7i  Comstock  left  Kaskaskia  in  1784.     In  1795  he  was  living  on  the 
Plattin  in  the  Ste.  Genevieve  District. 

72  in  1801  Joseph  Tucker,  Sr.,  was  living  on  the  south  fork  of  the 
Saline,  as  did  his  son,  Joseph  Tucker,  Jr. 

73  Bernard  Pratte. 


330         The  Life  and  Papers  of  Frederick  Bates. 

David  Delaunay  do.  do.  till  15  Aug  1808  vice 
Ward74  —  time  e[xpired] 

20  Eli  B.  Clemson  appointed  Justice  of  the  Peace  for 
the  township  of  St.  Ferdinand  Dt.  of  St.  Louis 

Eysdon  H  Price75  appointed  Justice  of  the  Peace  for 
the  same  township  —  Eesigned  8  March  1808 

1808 

Jany  8  William  Keed  sen  [sic]  Appointed  a  Justice  of  the 
Peace  for  the  township  of  Belleview  Dt.  of  St.  Gene- 
vieve 

10  Joshua  Humphreys  Comr.  of  Rates  and  Levies  for 
Dt.  of  New  Madrid  till  10th  Jany  1811 

Obadiah  Woodson  Comr.  of  Pates  &  Levies,  Dt.  New 
Madrid  till  15th  Aug  1809  vice  Rd.  J  Waters  deed. 

Joseph  Hunter,  Appointed  Judge  of  the  Court  of 
Com:  Pleas  &  Q  Sessions,  for  Dt.  of  New  Madrid  for 
good  behavior  during  4  Years. 

Michael  Amoureux  —  impowered  by  Dedimus  to 
admr.  Oaths  in  the  Dt.  of  New  Madrid.  — 

20  James  Mackay  Justice  of  the  Peace  for  the  township 
of  Bon  Homme,  Dt.  of  St.  Louis. 

Richard  Caulk  impowered  to  administer  Oaths  in  the 
township  of  Bon  Homme  Dt.  of  St.  Louis 

24  James  McCulloch76  appointed  a  Justice  of  the  Peace 
for  the  township  of  Joachim,  Dt.  of  St.  Louis. 

29  Samuel  Solomon  appointed  Coroner  of  the  Dt.  of  St. 
Louis,  vice  Sullivan  resigned  —  declined  to  accept 

74  Probably  John  Ward  who  came  to  Upper  Louisiana  with  Colonel 
Morgan. 

75  A  member  of  the  first  Episcopalian  church  in  St.  Louis. 

76  He  was  living  at  New  Madrid  in  1792.     During  the  War  of  1812 
he  was  a  captain  in  the  St.  Louis  County  regiment. 


The  Regime   of  Governor  Lewis.  331 

Feby  1     John  Coons  Appointed  Coroner  of  Dt.  of  St.  Louis 

29  Saml.  Hammond  jr  Appointed  Sheriff  of  the  Dt.  of 
New  Madrid  vice  Geo  Wilson  —  declined  to  Accept 

By  His  Excellency  Meriwethek  Lewis77 
1808. 

March  11.     Thomas    Comstock    appointed    Lieutenant    of 
Captain  Rankin's  Compy.  of  mounted  Riflemen 
William  Gibson78  appointed  Ensign  of  Ditto 
John  Steward79  appointed  Burser  of  ditto 
Benjn.  Baker  Adjustant  &  Pay  Master  3  Bat:  1  Regt. 

15  Joseph  Mc  Ferron  appointed  Clerk  of  the  Courts  of 
Com  Pleas,  Q  Sessions  and  of  Oyer  and  Terminer  Dt. 
of  Cape  Girardeau,  vice  Thos.  C.  Scott  removed 

16  Joseph  Mc  Ferron  impowered  to  admr.  Oaths  of 
Office  in  the  Dt.  of  Cape  Girardeau 

Bernd.  Pratte  impowered  to  administer  Oaths  in  and 
over  the  Territory  of  Louisiana. 

April  4  Elijah  Goodrich  Appointed  Justice  of  [the] 
Peace  for  the  township  of  St.  Charles  Dt.  of  St. 
Char[les] 

John  E.  Hart  appointed  Sheriff  of  the  Dt.  of  New 
Madrid,  vice  Hammond  jr  declined  to  accept 

Mackay  Wherry  appointed  Captain  of  a  troop  of 
Cavalry  in  the  Dt.  of  St.  Charles 

Joseph  Beaty  appointed  Lieutenant  of  ditto 

James  Callaway  appointed  Cornet  of  ditto 

77  See  note  2,  above. 

78  In  1801  he  was  living  in  the  Tywappity  Bottom. 

79  Stewart  came  to  Upper  Louisiana  with  Colonel  Morgan.  In  1798 
he  was  living  in  the  Bon  Homme  district  and  the  following  year  on  the 
Grand  Glaise. 


332         The  Life  and  Papers  of  Frederick  Bates. 

Benj  Allen80  appointed  Burser  of  ditto 

[Blank]    Judge   of  the   Court   of  Com  Pleas  &  Q 
Sessions  for  Dt  of  New  Madrid,  good  behavr.  4  Ye[ars] 

Andrew  Scott81  Justice  of  the  Peace  for  township  of 
Big  Prair[i]e,  Dist  of  New  Madrid 

Thomas  Evans  Justice  of  the  Peace  for  the  township 
of  New  Madrid,  Dist  of  New  Madrid 

[Blank]   Justice  of  the  Peace  for  the  township  of 
Little  Prair[i]e,  Dist  of  New  Madrid. — 

Mackay  Wherry  Captain  of  a  Troop  of  Cavalry  in 
the  District  of  St.  Charles 

Joseph  Beaty  Lieutenant  of  ditto 

James  Calloway  Cornet  of  ditto 

Benjamin  Allen  Burser  of  ditto 
May  16     Joseph  Lewis82  Sheriff  of  the  District  of  New 
Madrid  vice  John  E.  Hart  declined  to  accept. 

Eobert  Mc  Kay  Coroner  of  the  Dist  of  New  Madrid 

John  Baptiste  Olive83  Treasurer  of  New  Madrid 

Thomas  Clarke84  Justice  of  the  Peace  for  the  town- 
ship of  Tywappity  Dist  of  New  Madrid 

Joseph  Lafernait85  Justice  of  the  Peace  for  township 
of  New  Madrid  District  of  New  Madrid 

so  His  residence  was  near  the  site  of  the  Sink-hole  Battle  which  was 
fought  near  Fort  Howard. 

si  He  lived  near  New  Madrid  in  1798  and  at  Big  Prairie  in  1799.  He 
was  clerk  of  the  assembly  (1816-1819),  and  in  1817  was  a  trustee  of  the 
Potosi  academy. 

82  In  1796  he  was  living  at  Big  Prairie. 

83  Jean  Baptiste  Olive  was  a  native  of  France.  He  first  settled  at 
New  Madrid  where  he  became  sub-lieutenant  of  militia.  In  1797  he 
settled  on  Open  Lake  near  Portage  Bay.  In  1805  he  was  a  justice  of  the 
peace. 

84  in  1802  Thomas  Clark  or  Clarke  was  living  in  the  Tywappity 
Bottom. 

85  Joseph  Laferney  or  Lafresniere  in  1799  was  a  merchant  at  New 
Madrid  and  a  large  landowner. 


The  Regime   of  Governor  Lewis.  333 

John  E.  Hart  Lt.  Colo.  Comdt.  of  5  Regiment 
Stephen  Ross  Major  1  Bat  5  Regt. 
James  Trotter86  Captain  1  Bat  5  Regt. 
Robert  Trotter87  Lt.  1  Bat  —  5  Regt. 
Amos  Rawls88  Captain  2  Bat  5  Regt. 
Franklin  J.  Smith89  Surgeon  5  Regt. 
Joseph  N.  Amoureux  Pay  Master  5  Regt. 
Joseph  Jacobs  90  Quarter  Master  5  Regt. 
Thomas  Ward  Caulk  Lt.  2d  Bat  5  Regt. 
James  Faris  Ensign  2  Bat  5  Regt. 

17        Alexr.  McNair  Aide  De  Camp  to  the  Comr.  in  Chief 
with  the  rank  of  Major. 

LICENSES  TO   TRADE  WITH  THE   SEVERAL  IN- 
DIAN NATIONS  WEST  OF  THE  MISSISSIPPI  RIVER 
OCTOBER  1,  1807— MARCH  31,  180891 

Date  To  whom  granted  Remarks 

Octobr.  11     James  &  Jesse  Morrison  With  the  Ottos 

5     Jno.  B.  Mathurin  On  the  Osage  River 

10     Joseph  Gravier*^  On  the  St.  Francois   and   Blanche 

River 

Joseph  Mitchell  5  Licenses — Viz. 

2  on  the  Blanche  River 
1  on  Arkansas  River 
1  at  Camp  L'esperance 
1  on  the  St.  Francois  River 

8«  He  was  living  on  Fish  Lake  in  the  Tywappity  Bottom  as  early  as 
1802. 

87  An  ensign  in  the  Mounted  Riflemen  in  the  War  of  1812. 

ss  As  early  as  1801  he  was  living  on  Lake  St.  Mary  near  New  Madrid. 

8»  In  1799  a  Francois  Smith  was  living  on  Ramsay  Creek,  sixty-five 
miles  north  of  St.  Louis. 

so  In  1802  he  was  living  on  the  Pemiscot  Bayou  north  of  Little 
Prairie. 

9i  Original  in  the  Department  of  State,  B.  R.  L.,  3446. 

92  Gravier  was  an  early  inhabitant  of  New  Madrid. 


334         The  Life  and  Papers  of  Frederick  Bates. 

Date 


Nov 


To  whom  granted 

Remarks 

.4     Louis  Coignard^ 

4  Licences  viz. 

1  on  the  St.  Francois  River 

1  on  White  River 

1  on  Arkansas  River 

1  at  Little  Prairie 

5     Robert  Deeckson^ 

with  the  Sioux  and  Iowas 

9     Bazil  Prouls9« 

with  the  Osage 

Antoine  B.  Bois 

with  the  Sacs 

Secretary's  Office 
April  1.  1808 

Frederick  Bates 


EOBERT  DICKSON  TO  BATES 

Prairie  du  Liard96  April  1.  1808 


Dear  Sir 


I  had  the  honor  of  addressing  you  by  Mr.  Dorrion  on 
the  30th  ult.  since  when  the  Sacque  Chiefs  Qusquammi 
and  Peau  Blanch  have  arrived,  in  Company  with  Mr.  Boil- 
vin  —  the  Sacques  have  made  apolgys  for  the  Manner  in 
which  they  at  first  talked  of  the  Government  —  Their  Quar- 
rell  with  the  Aioways  gives  them  serious  uneasiness,  Mr. 
Boilvin  has  done  every  [thing]  in  his  power  to  accomodate 

93  Coignard  was  a  militia  officer  at  St.  Louis  in  1798.  In  1800  he 
became  a  merchant    at  New  Madrid. 

94  Robert  Dickson,  the  famous  British  agent  during  the  War  of  1812. 

95  Bazil  Proulz. 

96  Marais  des  Liards,  modern  Bridgeton,  a  station  on  the  Wabash 
Railroad.  It  was  laid  out  by  Robert  Owens,  the  survey  and  plat  being 
made  in  1794  by  Maturin  Bouvet.    It  was  also  known  as  Village  a  Robert. 


The  Regime   of  Governor  Lewis.  335 

Matters  and  has  hitherto  prevented  them  shedding  Blood. 
Should  War  take  place  between  these  two  small  nations  it 
will  tend  to  render  the  Navigation  of  the  Mississippi  dan- 
gerous for  single  Voitures,  and  the  Sacques  seek  for  the 
friendly  hand  of  Government  to  interpose  its  aid  in  facili- 
ting  an  Accomodation  —  They  repose  full  confidence  in  the 
Governors  humanity  and  his  wish  to  assist  his  Children 
in  distress. 


A  RECEIPTED  BILL 

Frederick  Bates  Secretary  of  the  Territory  of  Louisiana, 

To  William  Christy  Dr. 

To  the  hire  of  a  room  as  a  Secretary's  Office 
from  the  1st  day  of  April  1807  till  31st  day  of 
March  1808  —  12  Mos.  at  $10 $120.00 

To  Fuel  for  sd.  Office  153  days  during  the  above 
term  at  $.25  c  Per  day $38.25 

To  Candles  for  12  months  for  sd  Office 16.00 


54.25 


$174.25 

Reed.  April  1st  1808  of  Frederick  Bates  Secretary  of  the 
Territory  of  Louisiana,  the  sum  of  one  hundred  and  sev- 
enty four  dollars  and  twenty  five  cents  in  full  of  the  above 
account 

Witness  Signed  duplicates.  — 

Tho's.  F.  Riddick  W  Christy 


336         The  Life  and  Papers  of  Frederick  Bates. 


AN  ORDER  FOR  BOOKS 

Ap  8.  '08  —  Desired  Messrs  Falconer  &  Comegys  to  bring 
me  from  Baltimore  the  following  Books  — 

Dallas m  Reports  —  Washington 's98  Reports  —  Bur- 
row V9  Reports 

Gilberts100  Law  of  Evidence  —  Impey's101  Practice. 
Lilly's102  Entries 

Boccaria103  on  crimes  &  punishments 

Also.    Humes104  Hist  of  England  without  continuation 

97  Alexander  James  Dallas,  Reports  of  Cases  ruled  and  adjudged  by 
the  Courts  of  the  United  States  and  of  Pennsylvania,  before  and  since  the 
Revolution.    4  vols.    Philadelphia,  1790-1807. 

98  Bushrod  Washington,  Reports  of  Cases  argued  and  determined  in 
the  Court  of  Appeals  of  Virginia.     2  vols.     Richmond,  1798-1799. 

99  Sir  James  Burrow,  Reports  of  Cases  adjudged  in  the  Kings's  Bench 
.  .  .  [from  Michaelmas  term,  30th  George  II,  1756,  to  Easter  term, 
12th  George  III,  1772.]     5  vols.     London,  1766-1780. 

ioo  sir  Geoffrey  Gilbert,  The  Law  of  Evidence.  The  first  edition  ap- 
peared in  1761.    It  was  afterward  enlarged  and  ran  through  many  editions. 

ioi  John  Impey  published  many  legal  treatises.  His  books  contained 
the  first  systematic  account  of  the  practice  of  the  two  great  common  law 
courts.  In  1782  he  published  The  new  Instructor  Clericalis,  stating  the 
Authority,  Jurisdiction,  and  Practice  of  the  Court  of  King's  Bench.  In 
1784  he  brought  out  The  New  Instructor  Clericalis,  stating  the  Authority, 
Jurisdiction,  and  Practice  of  the  Court  of  Common  Pleas. 

102  John  Lilly,  Modern  Entries:  being  a  Collection  of  select  Pleadings 
in  the  Courts  of  King's  Bench,  Common  Pleas,  and  Exchequer.  2d  Edi- 
tion, London,  1741. 

103  Beccaria's  famous  work  On  Crimes  and  Punishments  was  first 
published  anonymously  at  Leghorn  in  1764.  "The  work  is  associated, 
above  all,  with  the  abolition  of  torture."  See  Coleman  Phillipson,  The 
Criminal  Law  Reformers,  3-106. 

104  The  first  volume  of  David  Hume's  History  of  England  appeared 
in  1754.     It  was  long  considered  the  standard  history. 


The  Regime   of  Governor  Lewis.  337 

Blair's105  Lectures  on  Belles  Lettres  2  vols. 
Travels  of  Anacharsis  the  younger  into  Greece100 


TO  JAMES  HOUSE 

Sir,  St.  Louis  14  April  1808 

Your  letter  enclosing  that  of  Mr.  Sibley107  was  handed  me 
this  afternoon  by  Mr.  McLanahan.108 

On  the  receipt  of  the  Orders  of  the  Secy  of  War  in  rela- 
tion to  the  differences  of  the  Factory,  I  informed  him  of  the 
absence  of  Genl.  Clark,  and  of  my  determination,  not  to 
commence  alone  an  Enquiry  entrusted  to  us  both.  He  will 
not  now  expect  to  hear  from  me,  on  those  subjects. 

Had  we  been  ordered  to  report  the  evidence  only,  I  might 
have  conceived  myself  justified,  from  the  urgency  of  the 
case,  in  complying  with  the  requests  of  Mr.  Sibley;  but 
after  having  been  associated  with  Genl.  Clark  in  this  busi- 
ness, it  would  be  improper  for  me  to  form  opinions,  as  we 
are  required  to  do,  without  his  participation. 

I  reenclose  the  letter  of  Mr.  Siblev. 


A  PROCLAMATION109 

Whereas,  the  detached  and  scattered  population  of  many 
parts  of  this  territory,  renders  it  extremely  inconvenient 

105  Hugh  Blair  was  a  Scotch  divine,  who  belonged  to  the  literary 
circle  of  Adam  Smith,  Hume,  and  Robertson.  His  lectures  were  feeble 
in  thought,  but  written  with  a  certain  elegance  of  style  which  expressed 
the  canons  of  taste  of  the  time  of  Addison,  Pope,  and  Swift. 

loe  Jean  Jacques  Barthelemy  published  Travels  of  Anacharsis  the 
Younger  in  Greece  in  1788. 

107  George  C.  Sibley,  assistant  factor  at  Bellefontaine.  He  was  soon 
appointed  factor  at  Fort  Osage. 

losjosiah  McLanahan. 

109  Original  in  Department  of  State,  B.  R.  L.,  3449. 


338         The  Life  and  Papers  of  Frederick  Bates. 

and  almost  impracticable,  for  the  public  functionaries 
thereof,  duly  to  execute  the  laws:  and  whereas  the  spirit 
of  emigration  evinced  by  some  of  the  inhabitants  of  the 
said  territory  seems  to  threaten  an  increase  of  those  diffi- 
culties, by  removing  and  establishing  themselves  at  a  dis- 
tance from  the  existing  settlements:  and  whereas  our  pre- 
carious standing  at  this  moment  with  certain  Indian  Tribes 
on  our  frontier,  renders  it  expedient  that  our  settlements 
should  be  as  perfectly  connected  as  existing  circumstances 
will  permit:  Therefore  to  maintain  the  sovereignty  of  the 
laws  by  causing  them  to  be  executed  with  promptness  and 
effect,  and  to  enable  the  Citizens  of  the  Territory  more 
effectually  to  resist  and  punish  the  unprovoked  aggressions 
of  our  lawless  and  savage  neighbors,  I  have  thought  proper 
to  issue  this  my  proclamation,  prohibiting  all  persons 
whomsoever,  under  the  penalties  of  the  law,  from  estab- 
lishing dwellings  on,  or  cultivating  the  Lands  of  the  United 
States,  to  which  the  Indian  Title  may  or  may  not  have 
been  extinguished,  lying  northwardly,  westwardly  and 
southwardly  of  a  line  commencing  on  the  Mississippi,  at 
the  mouth  of  the  river  Jefferson,  thence  up  the  same  thirty 
miles;  thence  a  direct  course  to  intersect  the  Missouri,  at 
its  confluence  with  the  Gasconade;  thence  up  the  Gascon- 
ade, one  hundred  miles;  thence  a  direct  line  drawn  south 
east  to  strike  a  principal  fork  of  the  river  St.  Francis, 
taking  for  such  stream,  the  first  branch  of  the  said  fork, 
which  the  line  may  meet  in  its  course;  thence  down  the 
same  and  with  the  main  river  to  a  point  sixty  miles  within 
the  same  from  its  junction  with  the  Mississippi  estimating 
its  meanders;  thence  a  direct  line  to  strike  the  river  Ar- 
kensas,  one  hundred  and  forty  five  miles,  with  its  meanders, 
above  its  confluence  with  the  Mississippi,  and  down  the 
same  to  the  last  mentioned  river. 


The  Regime  of  Governor  Lewis,  339 

And  I  do  hereby  require  and  command  all  persons  who 
are  now  residing  within  the  territory  of  Louisiana,  on  the 
lands  of  the  United  States  for  the  purposes  aforesaid,  be- 
yond or  without  the  said  boundary  line  to  return  within 
the  same,  or  to  remove  from  the  said  lands,  by  the  15th 
day  of  June  next,  or  otherwise  they  will  be  dealt/  with 
according  to  law.  I  do  appoint,  authorize  and  impower 
the  several  Sheriffs  of  the  Territory  of  Louisiana,  within 
the  limits  of  their  several  districts  to  perform  the  duties 
of  Marshals  within  the  limits  of  the  same,  so  far  as  those 
duties  are  required  by  this  proclamation.  —  And  I  do  fur- 
ther charge,  require  and  command,  the  said  Sheriffs,  in 
their  several  capacities  as  Marshals,  within  the  limits  of 
their  respective  districts  aforesaid  to  give  legal  notice, 
without  loss  of  time,  to  all  persons  who  are  now  residing 
beyond  or  without  the  line  before  mentioned,  or  who  may 
hereafter  attempt  to  reside  without  or  beyond  the  same  to 
remove  forthwith  from  the  sd.  lands  of  the  United  States 
in  conformity  with  the  spirit  and  meaning  of  this  Procla- 
mation: and  that  they  the  said  Sheriffs  do,  each  of  them, 
make  a  special  return  to  the  Governor  of  this  territory, 
expressive  of  the  names  and  local  situations  of  the  persons 
thus  noticed  as  soon  thereafter  as  possible  in  order  that 
measures  may  be  taken  for  the  removal  of  such  as  may 
fail  to  comply  with  the  injunctions  of  this  proclamation: 
Provided,  nevertheless  that  no  prohibition,  injunction, 
requisition  or  command  herein  contained,  shall  apply  to  or 
otherwise  affect  any  citizen  of  the  United  States  or  other 
person,  who  may  have  been,  or  who  may  hereafter  be 
authorized  by  a  written  license  from  the  Executive  of  the 
United  States,  or  the  Governor  of  this  territory  for  the 
time  being,  to  reside  beyond  the  line,  herein  before  men- 
tioned, for  any  specific  purpose.  —  For  the  information  of 


340         The  Life  and  Papers  of  Frederick  Bates. 

such  persons  as  are  unacquainted  with  the  laws,  providing 
for  the  punishment  of  unauthorized  settlers  on  the  Lands 
of  the  United  States  within  the  territory  of  Louisiana,  I 
have  thought  proper  to  subjoin  the  latter  part  of  the  14 
Section  of  an  act  of  Congress  passed  the  26th  of  March 
1804  entitled  'An  Act  erecting  Louisiana  into  two  terri- 
tories, and  providing  for  the  temporary  government 
thereof  which  was  continued  in  force  by  the  8th  Section  of 
an  act,  bearing  date  of  the  2d  of  March  1805,  entitled  'An 
Act  further  providing  for  the  government  of  the  Territory 
of  Orleans',  and  which  said  latter  part  of  the  14  Sec  pro- 
vides as  follows  to  wit  'That  if  any  citizen  of  the  United 
States  or  other  person  shall  make  a  settlement  on  any 
lands,  belonging  to  the  United  States  within  the  limits  of 
Louisiana,  or  shall  survey  or  attempt  to  survey  such  lands, 
or  to  designate  boundaries  by  marking  trees  or  otherwise, 
such  offender  shall,  on  conviction  thereof,  in  any  court  of 
record  of  the  United  States,  forfeit  a  sum  not  exceeding 
one  thousand  dollars,  and  suffer  imprisonment  not  exceed- 
ing twelve  months:  And  it  shall  moreover  be  lawful  for 
the  President  of  the  United  States  to  employ  such  military 
force  as  he  may  judge  necessary  to  remove  from  lands 
belonging  to  the  United  States,  any  such  citizen  or  other 
person  who  shall  attempt  a  settlement  thereon.' 

In  testimony  whereof,  I  have  caused  the  seal  of  the  Ter- 
ritory to  be  hereunto  affixed.  —  Given  under  my  hand  at 
Saint  Louis,  the  twentieth  day  of  April,  in  the  year  of  our 
Lord,  one  thousand,  eight  hundred  and  eight,  and  of  the 
Independence  of  the  United  States  of  America  the  thirty 
second. 

By  the  Governor  Meriwether  Lewis 

^     ,  _         Frederick  Bates 
Secy  of  Louisiana 


The  Regime  of  Governor  Lewis.  341 

RICHARD  BATES  TO  FREDERICK  BATES 

Cartersville  Virga.  May  4th.  1808. 

The  cause  which  has  hitherto  prevented  my  writing  be- 
ing removed,  I  hasten  to  transmit  to  the  most  loved  brother 
of  my  soul  a  certificate  of  my  existence  That  I  am  alive, 
and  now  in  perfect  health  is  most  certain ;  but  it  is  not  less 
true  that  for  months  past  until  very  lately,  I  have  been  so 
affected  by  a  violent  nervous  attack,  as  to  be  unable  to  use 
my  pen  To  this  cause  attribute  my  silence  of  late.  Your 
letters  I  presume  have  all  come  safely  to  hand,  that  in  par- 
ticular of  the  1st  of  Oct.  inclosing  a  bill  on  Mr.  Gallatin 
for  250$.  was  reed,  in  due  time,  the  amount  was  paid  to 
me  in  Deer,  last  at  the  bank  of  Virga.  with  out  deduction  — 
for  this  testimony  of  your  affection  and  generous  friend- 
ship, words  cannot  express  my  gratitude  —  it  is  possible 
that  actions  may  in  time  to  come  Your  lengthy  and  detailed 
description  of  Louisiana  is  an  invaluable  acquisition  to  me, 
it  came  to  hand  at  a  time  most  fortunate,  for  five  weeks  I 
had  been  confined  to  my  room,  returning  health  was  just 
announced,  long  abstinence  from  all  amusement  bad  cre- 
ated a  zest  for  every  pleasure  which  I  was  capable  of  en- 
joying I  read  your  description  of  Louisa,  with  that  par- 
oxism of  delight  with  which  the  love-sick  maid  pours  over 
and  devours  the  epistle  of  the  youth  of  her  hearts  choosing 
who  has  gone  to  fight  his  country's  battles  it  shall  be  pre- 
served with  special  care,  and  over,  and  over  again,  I  will 
peruse  it  I  have  never  yet  informed  you  of  the  change  of 
my  residence  You  will  hereafter  derect  your  letters  to 
this  place,  I  live  with  my  friend  Mr.  Walton  my  prospects 
of  success  I  think  are  better  here  than  in  either  Goochland 


342         The  Life  and  Papers  of  Frederick  Bates. 

or  Richmond.  Nothing  however  can  be  done  hereabouts 
whereby  money  is  to  be  made,  since  the  commencement  of 
the  Embargo  Most  of  the  courts  in  which  I  practice  refuse 
to  sit  for  the  trial  of  the  causes  depending  before  them, 
they  alledge  the  inability  of  the  farmers  to  sell  their  pro- 
duce to  be  a  sufficient  justification  of  their  refusal  to  render 
judgment  for  debts  against  them  Though  such  conduct 
cannot  be  justified  upon  principle,  my  fellow  feeling  and 
sympathy  for  the  distresses  of  unfortunate  debtors,  com- 
pel me  to  excuse  it.  —  You  will  perhaps  expect  me  to  ex- 
press my  sentiments  upon  the  weighty  matters  which  now 
shake  our  nation  and  its  government.  I  must  pass  over  in 
silence  national  affairs,  if  arraigned  for  it,  my  only  plea 
must  be  Non  sum  informatus  The  contest  between  Mad- 
ison and  Monroe  for  the  next  presidency  has  agitated  the 
public  mind  in  this  state,  much  more  than  our  foreign  rela- 
tions —  the  rejected  British  treaty,  and  the  official  corre- 
spondence relative  to  it  are  canvassed  &  animadverted 
upon  by  the  partizans  of  each  only  for  the  elevation  or 
depression  of  these  two  illustrious  characters  it  seems  to 
me  that  Madison  will  be  generally  supported  by  the  cool 
firm  &  unwavering  republicans  in  the  state  The  Demo- 
cratic demagogues,  the  tories  &  British  hirelings  and  the 
Renegadoes  from  every  quarter  rally  round  the  standard 
of  Monroe  it  is  much  to  be  lamented  that  these  great  men 
should  be  competitors 

In  your  last  letter  which  covered  the  second  part  of  your 
draft  on  Mr.  Gallatine  you  mentioned  that  Gov.  Lewis 
would  shortly  be  with  you,  his  arrival  I  suppose  will  ease 
your  shoulders  of  the  burden  of  government  I  congratulate 
you  on  this  exemption  from  anxiety  &  responsibility  —  In 
another  of  your  letters  you  have  remarked  that  I  never 


The  Regime  of  Governor  Lewis.  343 

speak  of  Miss  M. . .  for  reasons  most  special  I  have  to 
request  that  you  will  never  more  mention  that  name  to  me, 
and  if  possible  never  again  think  of  it  in  relation  to  me  — 
It  has  been  so  long  since  I  have  been  in  the  habit  of  writing 
that  circumstances  which  some  months  ago  would  have 
been  used  as  fit  matter  for  a  latter  [sic]  are  omitted  in  this, 
because  not  remembered  in  the  noise  and  confusion  admid 
which  I  am  forced  to  write  —  I  was  about  to  conclude  with- 
out expressing  my  joy  at  the  happy  termination  of  your 
difference  with  judge  G.  I  will  now  conclude  with  a  prayer 
that  you  may  steer  clear  of  future  quarrel  in  your  adopted 
savage  land,  and  should  you  be  engaged  in  another,  it  may 
terminate  in  the  same  bloodless  manner  as  that  with  the 
judge.     Farewell 


TO  ALBERT  GALLATIN 

SlR  St.  Louis  May  24.  1808 

I  had  the  honor  on  the  1st  of  April  last  to  transmit  an 
account  of  the  Contingent  Expenses  of  the  Secretary's 
Office  for  the  preceding  year  amounting  to  the  sum  of 
$302.75  Cents  and  have  this  day  taken  the  liberty  of  draw- 
ing for  that  sum  in  favor  of  Messrs.  Falconer  &  Comegys. 

It  was  not  my  intention  to  have  made  this  draft  until 
specially  permitted;  but  the  obligation  under  which  I  feel 
myself  to  bear  alone  and  in  advance  the  expenses  of  a 
circuit  as  one  of  the  commissioners  to  the  southern  Dis- 
tricts, induces  me  to  hope  that  you  will  have  the  goodness 
to  order  this  Bill  Paid  and  Errors  (should  there  be  any) 
corrected  in  some   subsequent  settlement. 


344         The  Life  and  Papers  of  Frederick  Bates. 

TO  JOHN  B.  TREAT110 

SlR  St.  Louis  May  26.  1808 

I  am  instructed  by  his  Excellency  Govr.  Lewis,  to  in- 
form you  that,  in  consequence  of  the  late  hostile  conduct 
of  the  Osage  Indians,  he  has  declared  them  out  of  the 
protection  of  the  United  States,  and  interdicted  every 
kind  of  commercial  intercourse  with  them. 

Their  conduct  has  been  so  contrary  to  what  our  Govern- 
ment had  a  right  to  expect,  that  there  remains  little  hope 
of  a  friendly  adjustment  of  the  existing  differences.  Their 
aggressions  have  been  equally  unprovoked  and  unex- 
pected. 

The  Traders  lately  residing  at  the  Osage  Towns  and 
the  Black  Smith  established  among  them  by  order  of  the 
President  have  all  been  recalled,  as  well  to  remind  them, 
by  privation,  of  that  protection  which  they  have  for- 
feited; as  to  render  the  chastisement  which  may  hereafter 
be  inflicted  more  easy  and  certain. 

His  Excellency  relies  greatly  on  your  assistence  in  car- 
rying into  effect  those  prohibitions  which  have  grown  out 
of  the  present  exigency,  and  desires,  that  you  will  prevent, 
as  far  as  it  is  possible  to  be  done,  all  Boats  or  other  craft 
from  ascending  the  Arkansas,  or  its  waters,  for  the  pur- 
poses of  trade  with  those  refractory  People  and  that,  for 
this  purpose,  you  will  employ  those  effectual  or  salutary 
rigours,  wch.  the  law  regulating  intercourse  injoins. — 
All  persons  must  be  arrested  who  attempt  to  carry  on  a 
correspondence  with  them. 

no  The  superscription  was  omitted,  but  the  content  of  the  letter  seems 
to  justify  the  conclusion  that  it  was  addressed  to  John  B.  Treat,  the 
United  States  Indian  agent  on  the  Arkansas. 


The  Regime  of  Governor  Lewis.  345 

The  President  has  occasionally  invested  confidential 
persons  remote  from  the  seat  of  the  Louisiana  Govern- 
ment with  the  power  to  grant  Licences  for  Indian  Trade. 
If  such  a  power  exists  at  Arkansas,  his  Excellency  has 
never  been  advised  of  it  and,  forbids  its  future  exercise, 
as  relates  to  the  Osages. 

In  cases  of  arrest,  the  delinquent  must  be  conveyed  to 
the  proper  civil,  authority:  He  is  not  to  suffer  unneces- 
sary harshness  of  treatment,  and  by  no  means  to  be  re- 
strained in  his  person  more  than  five  days  before  the 
commencement  of  his  journey. 


A  RECEIPTED  BILL 
Frederick  Bates  Esq. 

in  acc't  with  W  Christy  Dr 

1808  — 

Apl.  1st.     To  Boarding  &  lodging  from  1st 

Apl.  till  the  1st  June  @  18$  P.  Mo... $36  00 

To  Rent  of  Room  for  Same  time  @  10$  20  00 

To  fire  &  Candles  for  Do 3  00 

19     To  2  Bottles  Porter  150— (28th)  1.  Do 

.75    2  25 

May  1st     To    Keeping    Horse    2    Weeks    @ 

2.50 5  00 

To  2  Bottles  Porter  1  50 

2d     To  3  Do Do 2  25 

7     To  2  Do Do  150  (9th)  1.  at  Whist  75....  2  25 

14     To  1  Do Do  75.  (19th)  1.  ...Do....75 1  50 


346         The  Life  and  Papers  of  Frederick  Bates. 

22     To  2  Bottles  Porter 

24     To  38  lb  Bacon  @  12%  Cts 

To  2  tongus  50....4  lb  Coffee  @  75....3.00 

To  10  lb.  Sugar  @  37%-..3.75....1.  Coffee 
Pot.  87%   

To  1  Cannister  150...-1  Tin  cup  25 

To  1  Pitcher  75.. ..4  Tincups  100 

To  6  Plates  100...J5  Spoons  1.25 

To  4  Knives  &  forks 

To  3%  lb.  Chees 


To  8  lb.  fish  @  50  cts 

a  Pair  of  Dble  Blankets 

106  12% 
St.  Louis,  May  26th  1808 

Reed  the  above  am't  of  one  hundred  &  six  Dollars  12% 
Cts.  in  full  of  the  above  acc't 

W   Christy 


1  50 

4  75 

3  50 

4  62% 

1  75 

1  75 

2  25 

75 

50 

95  12% 

4 

$99  12% 

7  00 

END  OF  VOLUME  I 


UNIVERSITY  OF  ILLINOIS  URBANA 

977.8B31L  C002  V001 

THE  LIFE  AND  PAPERS  OF  FREDERICK  BATES  S 


3  0112  025402881 


